| Case ID |
0fadefa8-0fb1-4661-9b50-1bcf08eef00e |
| Body |
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| Case Number |
Criminal Bail Applications Nos. 88, 200, 159 and 6 |
| Decision Date |
Aug 02, 1999 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted interim pre-arrest bail to the applicant, Riaz Ahmed Goharshahi, after considering the allegations of malicious prosecution against him due to his religious beliefs. The court found sufficient prima facie evidence suggesting that the applicant was being targeted by his religious opponents, leading to the conclusion that the claims against him required further inquiry. The court emphasized that the allegations of mala fides and ulterior motives should be substantiated by material on record, and it was determined that the applicant's potential suffering of irreparable loss, including damage to his honor and dignity, warranted the granting of bail. |
| Summary |
In this significant case from the Sindh High Court, Riaz Ahmed Goharshahi sought pre-arrest bail amidst serious allegations involving a murder case and possession of a forged weapon. The court's decision hinged on claims of malicious prosecution linked to the applicant's religious beliefs, indicating that certain segments of the Ulema had targeted him, branding him a heretic. The court analyzed the evidence, including affidavits supporting the applicant's claim of being elsewhere during the incident. Ultimately, the court underscored the importance of protecting individuals from unwarranted legal actions rooted in personal vendettas, thus granting bail to safeguard the applicant's dignity and honor. This case underscores the intersection of law and personal beliefs, highlighting how judicial processes can be influenced by societal and religious contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Sarmad Jalal Osmani
|
| Lawyers |
Qurban Ali H. Chohan,
Agha Khuda Bukhsh
|
| Petitioners |
Riaz Ahmed Goharshahi
|
| Respondents |
The State
|
| Citations |
2000 SLD 639,
2000 PLD 6
|
| Other Citations |
Muhammad Safdar v. The State 1993 SCMR 645,
Ziaul Haq v. The State PLD 1984 SC 192,
Shabbir Ahmed v. The State PLD 1981 Lah. 599,
Ajmal Khan v. Liaquat Hayat 1988 MLD 880,
Raza Muhammad Siyal v. The State 1998 SCMR 1223,
Abdul Hameed Jatoi v. The State 1973 PCr.LJ 1032,
State v. Mukhtar Ahmed Awan 1991 SCMR 322,
Jam Sadiq Ali v. The State 1989 PCr.LJ 1910,
Dr. M. Shoib v. The State 1997 SCMR 1234,
Abdul Haq Siddiqui v. The State 1993 PCr.LJ 446,
Amjad v. The State 1982 SCMR 955,
Manzoor v. The State PLD 1972 SC 81,
Zahid Paris v. The State 1995 PCr.LJ 5,
Amanullah v. The State 1997 PCr.LJ 1578,
Aziz-ur-Rehman v. The State 1985 PCr.LJ 1282,
Zulfiqar Ali v. The State 1994 SCMR 549,
Naseer Ahmed v. The State PLD 1997 SC 347,
Muhammad Arshad v. The State 1996 SCMR 74,
Lt.-Gen. (Retd). Sabeeh Qamar-uz-Zaman v. The State 1997 PCr.LJ 1765,
Abdul Razzak v. The State 1998 PCr.LJ 1360,
Katbar v. The State 1998 PCr.LJ 1438,
Khalilur Rehman v. The State 1998 PCr.LJ 1625,
Muhammad Hussain v. Muhammad Anwar Ahmed Khan 1975 SCMR 151
|
| Laws Involved |
West Pakistan Arms Ordinance (XX of 1965),
Criminal Procedure Code (V of 1898)
|
| Sections |
13D,
161
|