| Case ID |
03877068-5774-4790-973e-8817ad5eb362 |
| Body |
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| Case Number |
Criminal Revision No.26 of 1992 |
| Decision Date |
Apr 20, 1992 |
| Hearing Date |
|
| Decision |
The petition was dismissed as the accused-respondents were found to be involved in a bailable offence concerning the murder of Zahid Hussain. The court noted that the injuries suffered by the complainant party were not acknowledged in the initial report and the circumstances surrounding the incident were ambiguous. The learned counsel for the petitioners argued that the accused were part of an unlawful assembly, hence should not be granted bail. However, the court upheld the decision of the trial court allowing bail based on the police report under Section 173 Cr.P.C., which indicated the charges against the accused were bailable. The revision petition was accepted, and the impugned orders were set aside, directing the trial court to adhere to legal standards in future proceedings. |
| Summary |
In the case of Criminal Revision No.26 of 1992, the High Court of AJ&K addressed the issue of bail cancellation concerning serious allegations of murder. The case revolves around an incident where the complainant's party was involved in a road construction project that allegedly led to a confrontation with the accused, resulting in the death of Zahid Hussain. The complainant alleged that the accused intentionally caused harm during this altercation. The court analyzed the validity of the bail granted by the District Criminal Court, emphasizing the necessity for the trial court to consider all evidence, including the police report under Section 173 Cr.P.C. The court's decision highlighted the importance of thorough investigation and proper judicial process in cases involving serious charges like murder. Legal representation played a crucial role, with arguments presented about the nature of the injuries and the circumstances of the incident, showcasing the complexities involved in criminal law. This case serves as a reminder of the critical balance between individual rights and the severity of criminal accusations, illustrating the judicial system's efforts to ensure justice while respecting legal frameworks. |
| Court |
High Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MAJEED MALLICK, CJ,
MAHBOOB KHAN,
Mr. Shahid Ahmad Rathore
|
| Lawyers |
Mr. Aleemuddin,
Mr. Muhammad Akram Mughal,
Mr. Shahid Ahmad Rathore
|
| Petitioners |
MAHBOOB KHAN,
ABDUL MAJEED MALLICK
|
| Respondents |
THE STATE,
Mr. Muhammad Akram Mughal,
Respondents 2 to 5
|
| Citations |
1992 SLD 2019,
1992 PLJ 285
|
| Other Citations |
AIR 1921 Allahabad 86,
AIR 1924 Patna 829
|
| Laws Involved |
Not available
|
| Sections |
Not available
|