| Case ID |
02aabdf5-063a-4502-ba36-52d28c23b4e7 |
| Body |
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| Case Number |
Cr. Misc. No. 320 of 2019 |
| Decision Date |
Jan 30, 2020 |
| Hearing Date |
Jan 29, 2020 |
| Decision |
The court granted bail to the accused, citing the lack of direct evidence against him in the FIR. The accused was not present at the scene of the crime, and the motive was not established in the FIR. The only witness statement against the accused was recorded five days after the incident, raising doubts about its reliability. The court emphasized that the implication of the accused seemed to be an afterthought, and thus, further inquiry into the matter was warranted. Therefore, the accused was admitted to bail upon furnishing bonds. |
| Summary |
In the case of Cr. Misc. No. 320 of 2019, the accused sought post-arrest bail in relation to a murder charge under sections 302 and 34 of the Penal Code. The alleged crime occurred on August 24, 2018, where the principal accused shot the deceased. The petitioner was not named in the FIR and was not present at the time of the incident. The prosecution's case relied heavily on a witness statement made five days post-incident, which the court found dubious. Given the absence of direct evidence and the questionable reliability of the witness, the court ruled in favor of granting bail. This case highlights the importance of substantiated evidence in criminal proceedings and the judicial system's commitment to ensuring that individuals are not wrongfully implicated without sufficient proof. Keywords such as 'criminal law', 'bail', 'murder case', 'judicial inquiry', and 'evidence reliability' are trending in legal discussions, emphasizing the need for clear and direct evidence in criminal cases. |
| Court |
Gilgit Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAIG, JUSTICE
|
| Lawyers |
Abdul Khaliq,
Deputy Advocate General
|
| Petitioners |
BAKHMAL
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 1154,
2020 MLD 883
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
34
|