| Case ID |
0513b87b-c155-4282-b708-558d16757bd1 |
| Body |
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| Case Number |
Criminal Bail Application No. S-29 and M.A. No. 11 |
| Decision Date |
Oct 10, 2011 |
| Hearing Date |
|
| Decision |
The court granted bail to the accused based on the principle of consistency, as the role attributed to them was less severe compared to their co-accused who had already been released on bail. The court considered the absence of a recovered rocket launcher and the findings from a re-investigation report indicating that the firing of the rocket was not proven. The court emphasized the need for further inquiry into the guilt of the accused before arriving at a conclusive judgment. The decision highlights the significance of fair treatment and equality in the judicial process. |
| Summary |
In the case of Criminal Bail Application No. S-29 and M.A. No. 117 of 2011, the Sindh High Court addressed the bail application of Muhammad Younis and others in connection with a serious incident involving allegations of murder and dacoity with murder. The court analyzed the circumstances surrounding the case, particularly the roles attributed to the accused compared to their co-accused who were granted bail earlier. The judgment emphasized the importance of consistency in judicial decisions, especially in cases with similar factual backgrounds. The court found that the evidence presented did not sufficiently prove the involvement of the accused in the alleged crimes, particularly in light of the absence of a recovered rocket launcher and the questionable reliability of the complainant's account. The court's decision reflects a commitment to ensuring that the rights of the accused are protected while maintaining the integrity of the judicial process. Keywords such as bail, judicial fairness, criminal procedure, and legal representation play a crucial role in understanding the case and its implications for future legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA, J
|
| Lawyers |
Miss Rizwana Jabeen Siddqui,
Shyam Lal, A.P.G.
|
| Petitioners |
MUHAMMAD YOUNIS alias YOUNIS and anothers
|
| Respondents |
THE STATE
|
| Citations |
2013 SLD 2191,
2013 YLR 44
|
| Other Citations |
Abdul Salam v. The State 1980 SCMR 142,
Nooruddin and another v. The State 2005 MLD 1267
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
396
|