| Case ID |
0a5b7078-44e3-4e49-8ac2-f5aea959fa88 |
| Body |
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| Case Number |
Crl. Misc. No. 4698-B of 1993 |
| Decision Date |
Jan 12, 1994 |
| Hearing Date |
|
| Decision |
The court declined the bail application of the petitioner, Ghulam Abbas, who was accused under sections 377/109 PPC and section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The decision emphasized the importance of the veracity of affidavits submitted by the complainant and the victim, which were found to lack credibility. The court noted that the withdrawal of the victim's affidavit warranted further scrutiny at trial, and the medical evidence suggested reasonable grounds for the petitioner's involvement in the alleged offence. The court highlighted that the interest of justice would be better served by expediting the trial proceedings rather than granting bail, as the petitioner had already suffered incarceration for over a year. Thus, the court directed the trial court to finalize the proceedings with urgency. |
| Summary |
This case revolves around the bail application of Ghulam Abbas, who was accused of serious charges under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979. The Lahore High Court scrutinized the evidence presented, particularly focusing on the affidavits provided by the complainant and the victim, which raised questions about their authenticity. The court underscored that the lack of motive for false accusations against the petitioner, along with corroborative medical evidence, necessitated a thorough examination of the case at trial. The decision to deny bail reflects a commitment to ensuring that justice is served expeditiously, highlighting the court's role in upholding the law while balancing the rights of the accused. This case is significant in understanding the application of Hudood laws in Pakistan and the procedural safeguards necessary in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FALAK SHER, J
|
| Lawyers |
Not available
|
| Petitioners |
Ghulam Abbas
|
| Respondents |
The State
|
| Citations |
1994 SLD 1165,
1994 KLR 72
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
|
| Sections |
12
|