| Case ID |
09f6149a-2fd6-48b1-b7b9-d438d3f3d4c4 |
| Body |
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| Case Number |
Crl. Misc. No. 336-B of 2024 |
| Decision Date |
Feb 23, 2024 |
| Hearing Date |
Feb 23, 2024 |
| Decision |
The petition for post-arrest bail filed by Rustam was allowed by the Lahore High Court, Multan Bench, on the grounds that despite being a fugitive for a considerable period, he had engaged with the legal process by joining the investigation and surrendering to the police. The court noted that the case warranted further inquiry as per Section 497(2) of the Criminal Procedure Code, and that the circumstances did not solely justify denial of bail based on past abscondance. The petitioner was to be released on bail upon furnishing of bail bonds to the satisfaction of the trial court. |
| Summary |
In the case of Rustam versus the State, the Lahore High Court addressed the petitioner's request for post-arrest bail concerning serious charges under the Pakistan Penal Code, including murder. The court analyzed the timeline of the case, noting that the petitioner had been a fugitive for nearly a decade following the incident that occurred on March 8, 2013. The court considered previous declarations of innocence from police investigations and affidavits from key witnesses. Ultimately, the court determined that the case involved complexities that warranted further inquiry under Section 497(2) of the Criminal Procedure Code. The decision emphasized the principle that absconding alone does not disqualify an accused from being granted bail if there are substantial grounds for it. This ruling highlights the delicate balance between the gravity of charges and the rights of the accused to fair legal proceedings. The keywords relevant to this case include post-arrest bail, further inquiry, Criminal Procedure Code, and Pakistan Penal Code, which are essential for legal professionals and parties involved in similar cases. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Ch. Abdul Aziz. J.
|
| Lawyers |
Mr. Muhammad Jaffar Tayyar,
Mr. Ashfaq Ahmed Malik,
Mr. Shaheeryar Ahsan Mehboob
|
| Petitioners |
Rustam
|
| Respondents |
STATE etc.
|
| Citations |
2024 SLD 4410,
2024 PLJ 144
|
| Other Citations |
2009 SCMR 299,
State v. Malik Mukhtiar Ahmed (1991 SCMR 322),
Mosam Khan vs. The State and another (2018 PCr.LJ 284)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
302,
449,
201,
34
|