| Case ID |
0a1d955e-ffc2-4685-9d72-4fb12ef12679 |
| Body |
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| Case Number |
Criminal Bail Application No. 805 of 2009 |
| Decision Date |
Dec 23, 2009 |
| Hearing Date |
|
| Decision |
The court granted bail to the accused based on the findings that the offences charged under sections 448 and 7(1) of the Sindh Public Property (Removal of Encroachment) Act did not fall within the prohibitory clause of section 497(2) of the Criminal Procedure Code. The delay of over a year in filing the FIR, along with the absence of independent witnesses or specific details about the alleged offences, raised significant doubts about the prosecution's case. The judgment emphasized that the accused had been in possession of the property for over a year, and the allegations did not convincingly establish the charges of extortion or house trespass as required by law. The decision was made after a thorough review of the FIR and the case record, leading to the conclusion that further inquiry was warranted. |
| Summary |
In the case of Criminal Bail Application No. 805 of 2009, the Sindh High Court addressed the application for bail filed by the accused, who was facing charges under various laws, including the Pakistan Penal Code and the Sindh Public Property (Removal of Encroachment) Act. The court meticulously evaluated the circumstances surrounding the FIR, noting significant delays and the lack of corroborating evidence to support the claims made by the complainant. The judgment highlighted the importance of timely reporting and the necessity for clear evidence in criminal proceedings. Ultimately, the court determined that the case required further inquiry due to the doubts raised regarding the allegations, leading to the approval of bail. This case underscores the principles of justice and the need for a fair assessment of evidence in criminal law, making it a significant reference point for similar cases. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
AQEEL AHMED ABBASI
|
| Lawyers |
|
| Petitioners |
Nasir Ahmed
|
| Respondents |
Abdul Razzak,
Muhammad Iqbal Awan
|
| Citations |
2011 SLD 1169,
2011 YLR 1317
|
| Other Citations |
Mst. Daulan v. Sardara and 5 others 1995 SCMR 177,
Tariq Bashir and 5 others v. The State PLD 1995 SC 34,
Anjum Sheraz v. The State 1997 MLD 3045,
Noor Muhammad and another v. Muhammad Tufail 2004 YLR 3330,
Nooruddin and another v. The State 2005 MLD 1267,
Muhammad Nadeem v. The State 2007 MLD 926
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Sindh Public Property (Removal of Encroachment) Act, (V of 1975),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
7(1),
386,
448
|