| Case ID |
0469c378-fa37-4472-90d2-07f2b36785e0 |
| Body |
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| Case Number |
Criminal Bail Application No. 1578 of 2001 |
| Decision Date |
Apr 24, 2002 |
| Hearing Date |
Mar 18, 2002 |
| Decision |
The Sindh High Court admitted both applicants, Mst. Zuhra Bibi and Mst. Haseena Bibi, to bail on the grounds that the FIR was lodged after an unexplained delay of approximately 12 hours, despite the proximity of the incident to the police station. The court noted that the co-accused were not mentioned in the FIR, and the complainant was not an eyewitness to the alleged abduction or murder. Furthermore, three eyewitnesses had not implicated the accused ladies in their statements to the police. The absence of any incriminating evidence or confessions from the accused, along with their prolonged detention and personal circumstances, led the court to conclude that there were insufficient grounds to deny them bail. The court emphasized the lack of specific allegations against the accused regarding the abduction or killing, resulting in the decision to grant bail. |
| Summary |
This case revolves around a bail application filed by Mst. Zuhra Bibi and Mst. Haseena Bibi in connection with Crime No. 81 of 2000, where they were charged under sections 364-A and 302/34 of the Pakistan Penal Code. The key issues considered by the Sindh High Court included the delay in lodging the FIR, the lack of eyewitness testimony against the accused, and the absence of any evidence linking them to the alleged crime. The court's decision to grant bail was influenced by the circumstances surrounding the case, including the personal hardships faced by the accused, such as one being a suckling mother and the other being an elderly woman. This decision highlights the critical evaluation of evidence and the rights of individuals in the bail process, ensuring that justice is served while upholding the principles of fairness and due process in the legal system. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RABBANI, J
|
| Lawyers |
Makhdoam Mujtaba Shah,
KaziWali Muhammad,
Shoukat H. Zubedi
|
| Petitioners |
Mst. ZUHRA BIBI,
Mst. HASEENA BIBI
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1287,
2003 PCRLJ 1909
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
364,
364-A,
34
|