| Case ID |
028fb49d-7724-40e5-b908-6ddde675e8df |
| Body |
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| Case Number |
Crl. Misc. No. 250914-B of 2018 |
| Decision Date |
Jan 31, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition for post-arrest bail for Sufiyan alias Sufiyani in a case involving serious charges, including murder. The court found that the allegations against the petitioner, including a murderous assault with a firearm, were based on potentially fabricated evidence. The medical officer's report indicated that the injuries attributed to the petitioner could be the result of fabrication, and there was insufficient evidence to determine his vicarious liability with his co-accused, who were real brothers. The court noted that the petitioner had been in custody since January 28, 2018, without significant progress in the trial, and further incarceration would not serve the prosecution's interests. As a result, the petitioner was granted bail upon furnishing surety bonds. |
| Summary |
The case revolves around a post-arrest bail application filed by Sufiyan alias Sufiyani in relation to FIR No. 580, registered for offenses under Sections 324 and 34 of the Pakistan Penal Code, later adding Section 302. The allegations included a murderous assault involving firearms against the complainant Qurban Ali and his son Husnain Ali. The petitioner, along with an accomplice, was accused of inflicting serious injuries that led to the death of the complainant's son. However, the case's integrity was challenged due to the medical officer's observations regarding the possibility of evidence fabrication. The court highlighted the lack of substantial evidence linking the petitioner to the crime and noted the familial ties between the accused, suggesting a broader implication strategy. The decision to grant bail reflects the court's emphasis on justice, fairness, and the right to a speedy trial, which are critical in criminal proceedings. Keywords related to criminal law, bail, and legal rights are essential for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASJAD JAVAID GHURAL
|
| Lawyers |
Mr. Akhtar Hussain Bhatti, Advocate,
Ch. Muhammad Fareed-ul-Hassan, Advocate,
Syed Muhammad Anees, D.P.P.
|
| Petitioners |
SUFIYAN ALIAS SUFYANI
|
| Respondents |
STATE ETC.
|
| Citations |
2019 SLD 1010,
2019 PLJ 505
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
34,
302,
324
|