| Case ID |
09201995-766b-422b-9c08-b4deaf6ed4dd |
| Body |
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| Case Number |
Crl. Misc. No. 6960-B of 2017 |
| Decision Date |
Dec 06, 2017 |
| Hearing Date |
|
| Decision |
The petition for post-arrest bail filed by Mujahid Ali was accepted by the Lahore High Court. The court found that the petitioner had been in detention since October 9, 2017, without any progress in the trial. The decision emphasized the principle that vicarious liability should be determined at trial, not at the bail stage. The court noted that while the petitioner was named in the FIR, there were significant doubts regarding the prosecution's case, including the absence of recovered evidence and the potential for a counter-narrative regarding the events. The court concluded that the petitioner should not remain incarcerated indefinitely without trial, as this would violate his fundamental rights to a fair and speedy trial. The bail was granted subject to the petitioner furnishing bonds of Rs. 1,00,000 with two sureties. |
| Summary |
In the case of Mujahid Ali vs. State and Another, the Lahore High Court addressed a petition for post-arrest bail concerning allegations of attempted murder under Section 324 of the Pakistan Penal Code. The court highlighted the significance of a fair trial and the presumption of innocence, noting that the petitioner had been in custody for over two months without trial. The ruling stressed that the determination of culpability should occur during the trial phase and not during bail hearings. The court found inconsistencies in the prosecution's case, including the lack of recovered evidence and the potential for conflicting narratives between the parties involved. The decision underscored the importance of speedy justice and the rights of the accused, ultimately granting bail while ensuring the legal proceedings would continue. This case reflects the judiciary’s commitment to uphold fundamental rights and prevent unjust detention. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Sarfraz Dogar, Justice,
Mujahed Ali
|
| Lawyers |
Mr. Muhammad Bilal Butt, Advocate for Petitioner,
Mirza Abid Majeed, D.P.G. for State,
Sardar Mehboob, Advocate for Complainant
|
| Petitioners |
Mujahid Ali
|
| Respondents |
State and Another
|
| Citations |
2018 SLD 1970,
2018 PLJ 583
|
| Other Citations |
2009 YLR 1076,
2011 SCMR 161,
2012 SCMR 1955,
2010 PCr.LJ 807,
1996 SCMR 1845,
2009 Cr.C. 1052,
2015 P.Cr.L.J. 1812
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
324,
497
|