| Case ID |
0b0a9f7c-d5db-413b-9b4e-260b2ed4f7d7 |
| Body |
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| Case Number |
Crl. M.B. No. 3 of 2003 |
| Decision Date |
May 09, 2003 |
| Hearing Date |
May 09, 2003 |
| Decision |
The court granted bail to the accused, Muhammad Nisar Khan, citing sufficient grounds for further inquiry into the case. It was determined that there were conflicting versions of the incident, necessitating a detailed examination during the trial. The court recognized that the accused had been in custody for an extended period, and the investigation was complete. Moreover, a cross FIR had been filed by the accused, indicating a complex interplay of allegations that warranted a thorough investigation to ascertain the truth. Consequently, the bail application was accepted, and the accused was directed to furnish bail bonds as specified. |
| Summary |
In this significant case from the Peshawar High Court, the issue at hand revolved around the grant of bail under the Criminal Procedure Code. The case emerged from a violent incident on August 8, 2002, involving multiple parties, leading to serious injuries and a subsequent death. The court's deliberation focused on the conflicting FIRs filed by both parties, highlighting the necessity for further inquiry into the circumstances surrounding the case. The decision underscored the judicial principle that where there are conflicting accounts, the trial court must evaluate the evidence to determine the veracity of claims. The bail was granted on the grounds of further inquiry, emphasizing the importance of due process in criminal law. This case illustrates the complexities of criminal proceedings, particularly in instances of cross-allegations, and reaffirms the judiciary's role in ensuring fair trial rights. Legal professionals and scholars may find this case relevant for understanding the application of bail laws in Pakistan, especially in situations involving serious charges such as murder and attempted murder, as outlined in the Pakistan Penal Code. Keywords: bail application, criminal law, further inquiry, Peshawar High Court, Pakistan Penal Code. |
| Court |
Peshawar High Court, D.I. Khan Bench
|
| Entities Involved |
Not available
|
| Judges |
Qazi Ehsanullah Qureshi
|
| Lawyers |
Sanaullah Khan Gandapur,
Abdul Latif Khan Baloch,
D.A.G.,
Pir Liaqat All Shah
|
| Petitioners |
Muhammad Nisar Khan
|
| Respondents |
2 others,
State
|
| Citations |
2004 SLD 3871,
2004 PLJ 301
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302,
324
|