| Case ID |
0a67f9fe-32a8-4337-8659-0417c4c07ffd |
| Body |
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| Case Number |
Crl. Misc. No. 7704-B of 2023 |
| Decision Date |
Nov 21, 2023 |
| Hearing Date |
Nov 21, 2023 |
| Decision |
The Lahore High Court granted post-arrest bail to the petitioner, TEHZEEB ZAHRA, in connection with FIR No. 275 dated 19.04.2023, related to serious charges including kidnapping and murder. The court found that there was no direct or indirect evidence linking the petitioner to the crime, and emphasized the need for further inquiry. The decision underscored that mere heinousness of the alleged offence does not warrant refusal of bail if the accused is otherwise entitled to it. The petitioner was not nominated in the crime report as a culprit, and her co-accused had already been granted bail under similar circumstances. Consequently, the court allowed the petitioner to secure bail upon furnishing bonds of Rs. 5,00,000 with two sureties. |
| Summary |
In the case of TEHZEEB ZAHRA vs. STATE, the Lahore High Court addressed the complexities surrounding the granting of post-arrest bail under the Criminal Procedure Code, 1898 and the Pakistan Penal Code, 1860. The petitioner, TEHZEEB ZAHRA, was accused of serious crimes including kidnapping and murder related to the tragic case of a missing child, Hadi Abbas. The court meticulously assessed the evidence presented, noting the absence of direct evidence linking the petitioner to the alleged crimes. The ruling highlighted the legal principle that the heinous nature of an offence does not automatically negate the right to bail. The court emphasized the importance of further inquiry before concluding guilt, thereby protecting the rights of the accused. This case serves as a critical reference for future bail applications in similar contexts, reinforcing the essential judicial philosophy that every accused is presumed innocent until proven guilty. The decision aligns with established legal precedents, balancing the interests of justice with the rights of the accused. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Muahmmad Tariq Nadeem
|
| Lawyers |
Khawaja Qaisar Butt,
Mr. Adnan Latif Sheikh,
Malik Muhammad Siddique Kamboh
|
| Petitioners |
TEHZEEB ZAHRA
|
| Respondents |
STATE,
|
| Citations |
2024 SLD 4125,
2024 PLJ 43
|
| Other Citations |
2021 SCMR 2011,
PLD 2021 SC 738,
2012 SCMR 387,
2017 SCMR 61,
2008 SCMR 173,
2008 SCMR 249,
2022 SCMR 1834,
2019 SCMR 1914
|
| Laws Involved |
Criminal Procedure Code, 1898 (V of 1898),
Pakistan Penal Code, 1860 (XLV of 1860)
|
| Sections |
497,
302,
363
|