| Case ID |
0bcabc5b-e97d-4b8b-8d55-968138e13930 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Bail Application No. 444 of 2001 |
| Decision Date |
Nov 08, 2001 |
| Hearing Date |
|
| Decision |
The court concluded that the identification parade conducted after more than six months from the date of the incident was insufficient to link the accused to the crime, given the nighttime nature of the occurrence and the delayed identification. Thus, the applicant was entitled to bail. The court emphasized that the evidentiary value of a delayed identification parade is minimal without corroborative evidence, leading to the decision to grant bail to the applicant due to the lack of clear linkage to the crime. |
| Summary |
In the case of Criminal Bail Application No. 444 of 2001, the Federal Shariat Court addressed the issue of bail for the applicant, Ghulam Nabi, accused of a capital offense under Section 302 of the Penal Code. The court highlighted the critical evidentiary issues surrounding delayed identification parades, particularly in the context of nighttime crimes. The decision emphasized that the identification parade's timing, occurring more than six months post-incident, raised substantial doubts regarding its reliability. The court's ruling underscored the necessity for corroborative evidence when evaluating identification testimonies, especially when significant time has elapsed. The judgment serves as a pivotal reference in understanding the legal standards for granting bail in cases involving serious charges and the importance of timely and accurate identification procedures. Keywords such as 'bail application', 'identification parade', 'criminal procedure', and 'evidentiary standards' are crucial for legal practitioners and scholars researching similar cases. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
Sarmad Jalal Osmani
|
| Lawyers |
Abdul Rasool Abbasi,
Riazuddin Siddiqi
|
| Petitioners |
Ghulam Nabi
|
| Respondents |
The State
|
| Citations |
2002 SLD 904,
2002 PCRLJ 349
|
| Other Citations |
Asghar Ali v. The State 1992 SCMR 2088,
The State v. Farman Hussain PLD 1995 SC 1,
Gul Baig v. The State PLD 1964 Kar. 275,
Muhammad Ali v. The State 1978 PCr.LJ 859,
Ghulam Nabi v. The State 1992 PCr.LJ 1852
|
| Laws Involved |
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984),
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
22,
497
|