| Case ID |
0074eddb-9ee4-4de9-918c-889b8b16da0f |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Cancellation Applicati |
| Decision Date |
Jun 08, 2016 |
| Hearing Date |
Jun 08, 2016 |
| Decision |
The Peshawar High Court recalled the bail granted to the accused, Altaf Hussain, emphasizing that the granting of bail was improperly assessed by the lower court. The court found that the accused had a specific role in the unlawful assembly and had been absconding for an extended period, which raised reasonable grounds for connection to the crime. The court highlighted that the gravity of the offence, involving the brutal murder of the complainant's daughter, warranted a cancellation of the previously granted bail. |
| Summary |
This case involves the cancellation of bail for Altaf Hussain, accused of murdering a minor, Mst. Rabia, using electric shocks. The court found significant inconsistencies in the previous bail decision, noting that the accused's role in the crime was distinct and more severe than that of co-accused who were granted bail. The court emphasized that abscondence and the nature of the crime justified the cancellation. The ruling underlines the importance of considering the gravity of offences and the specific roles of each accused in determining bail eligibility. |
| Court |
Peshawar High Court, Mingora Bench
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YOUNIS THAHEEM
|
| Lawyers |
Abdul Halim Khan,
Aurangzeb Khan,
Rafiq Ahmad
|
| Petitioners |
NISAR AHMAD
|
| Respondents |
THE STATE THROUGH ADDITIONAL ADVOCATEGENERAL
|
| Citations |
2016 SLD 2534,
2016 PCRLJ 1790
|
| Other Citations |
Muhammad Yousaf Butt v. P.C. Abdul Lateef Shar and another 2012 SCMR 1949
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
161,
302,
148,
149
|