| Case ID |
09f9adf2-33fd-4093-a1ff-93f9e03a0fce |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1017-B of 2004 |
| Decision Date |
Apr 05, 2004 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Abdul Razzaq, in a case involving serious allegations including robbery and causing injury. The decision was based on several factors: a significant delay of three months in lodging the FIR without adequate explanation, the absence of incriminating evidence against the petitioner, and the fact that the case required further inquiry as per Section 497(2) of the Criminal Procedure Code. The court noted that the complainant had been injured during the incident but highlighted the need for a thorough investigation into the events leading up to the occurrence. The amount of Arsh (compensation) was determined to be half of the prescribed Diyat, with the possibility of imprisonment as Tazir if found guilty. The bail was granted under the condition of furnishing surety bonds. |
| Summary |
This case revolves around the granting of bail to Abdul Razzaq, who was accused of serious offenses under various sections of the Penal Code. The Lahore High Court, presided over by Justice Abdul Shakoor Paracha, took into account the considerable delay in filing the FIR, the lack of incriminating evidence against the petitioner, and the necessity for further inquiry. The court emphasized that the case involved complex legal issues under the Criminal Procedure Code and the Penal Code, particularly concerning bail eligibility under Section 497(2). The decision aligns with principles of justice, ensuring that individuals are not held without sufficient evidence. The ruling also touches on the implications of Qisas and Ta'zir punishments, reflecting the intersection of legal and ethical considerations in the judicial process. This case serves as an important precedent for future bail applications in similar circumstances, particularly in terms of evaluating the timeliness and substance of charges against defendants. Keywords related to this case include 'bail', 'Criminal Procedure Code', 'Penal Code', 'Lahore High Court', and 'judicial precedent'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SHAKOOR PARACHA, J,
ABDUL RAZZAQ
|
| Lawyers |
Aish Bahadur Rana,
Malik Muhammad Aslam Khokhar
|
| Petitioners |
ABDUL RAZZAQ
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2593,
2004 PLD 480
|
| Other Citations |
Bashir v. The State 1995 PCr.LJ 412
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
336,
382,
337-F,
148,
149
|