| Case ID |
0c0056c0-8111-4b2b-932a-19032702c9ec |
| Body |
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| Case Number |
Special Criminal Bail Applications Nos.74 to 78 of |
| Decision Date |
Jan 12, 1993 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted bail to the applicants, Ali Ahmad Baloch and Shahid Hussain, based on the rule of consistency, as their case was identical to that of co-accused who had already been granted bail. The court noted that the applicants were accused in a case involving fraudulent export activities under the Customs Act, leading to a significant customs duty draw back claim. The court emphasized that there was no substantial evidence against the applicants, and the case was primarily based on suspicion. Furthermore, the court considered previous bail grants to co-accused, which supported the decision to grant bail to the current applicants. They were required to furnish sureties and a personal bond for the bail amount, ensuring compliance with the trial court's requirements. |
| Summary |
This case involves the granting of bail to two customs officials, Ali Ahmad Baloch and Shahid Hussain, accused of participating in fraudulent export activities under the Customs Act, 1969. The court's decision was influenced by the principle of consistency, as similar charges against co-accused had previously resulted in bail being granted. The applicants' counsel argued that the evidence was insufficient and based on mere assumptions. The court found merit in the arguments presented, noting that the accusations lacked substantial proof. The case highlights the importance of fair trial rights and the necessity for evidence beyond mere suspicion to justify the denial of bail. It underscores the critical role of judicial consistency in similar cases, ensuring that individuals facing similar charges are treated equally under the law. The ruling reinforces the judicial principle that bail should not be denied solely based on the nature of the allegations without concrete evidence. Keywords such as 'bail', 'Customs Act', 'Sindh High Court', and 'criminal procedure' are significant in this context, reflecting current legal trends and discussions surrounding the rights of the accused in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Muhammad Saleem,
M/s. Charly Enterprises,
Abdul Majeed Askani
|
| Judges |
MUHAMMAD ASLAM ARAIN,
ALI AHMAD BALOCH
|
| Lawyers |
Mrs. Ismat Mehdi
|
| Petitioners |
Ali Ahmad Baloch,
Shahid Hussain
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 287,
1994 MLD 1030
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code (V of 1898)
|
| Sections |
156(1)(14),
156(1)(82),
497
|