| Case ID |
0b0857ad-eb13-4efe-89f8-c751ab50c41e |
| Body |
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| Case Number |
Criminal Appeal No. 23 of 2012 |
| Decision Date |
Nov 28, 2012 |
| Hearing Date |
Nov 22, 2012 |
| Decision |
The Supreme Court dismissed the appeal, confirming the decisions of the lower courts that had denied bail to the appellant, Ameer Qabal. The court found that sufficient evidence linked the accused to the crime of murdering his elderly mother and ruled that the accused's status as a legal heir did not exempt him from the possibility of severe punishment under the law. The court emphasized that the evidence collected, including extra-judicial confessions and witness statements, clearly indicated the appellant's connection with the offence. The judgment underscored the principle that concurrent findings of facts by lower courts are generally not subject to interference unless they are capricious or against established legal principles. |
| Summary |
In the case of Ameer Qabal, the Supreme Court of Azad Jammu and Kashmir dealt with a serious criminal matter involving the murder of an elderly mother by her son. The court focused on the application of the Criminal Procedure Code and the Penal Code, specifically sections related to bail and homicide. The evidence presented included witness testimonies and confessions, which the court found compelling enough to deny bail to the accused. The court clarified that being a legal heir does not absolve an accused from facing severe legal consequences for their actions. This case highlights crucial aspects of criminal law in AJ&K, particularly regarding bail applications and the evidentiary standards required for such decisions. It serves as a significant precedent in understanding the judicial approach to similar cases in the region. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
|
| Judges |
CH. MUHAMMAD IBRAHIM ZIA,
MUHAMMAD AZAM KHAN
|
| Lawyers |
Muhammad Riaz Alam,
Muzaffar Ali Zafar,
Bostan Chaudhry
|
| Petitioners |
Ameer Qabal
|
| Respondents |
,
State of AJ&K through Advocate General/Additional Advocate General
|
| Citations |
2014 SLD 764,
2014 YLR 1771
|
| Other Citations |
Suleman Khan v. Buner Khan and another 2003 YLR 181
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
306,
308
|