| Case ID |
0ff2262b-f95f-4c00-9095-740dcf1c3ddd |
| Body |
View case body. Login to View |
| Case Number |
Crl. Mis.?. No. 6443-B of 2003 |
| Decision Date |
Nov 19, 2003 |
| Hearing Date |
Nov 19, 2003 |
| Decision |
The petitioner, Pervez Anjum Ghauri, sought post-arrest bail in a murder case stemming from a dispute over land ownership, where a rival party's member was killed during an exchange of fire. The court noted that the FIR did not clearly identify the shooter, and the complainant did not witness the incident. Both parties had been challaned, and the court found that the case required further inquiry into the guilt of the petitioner. As the petitioner was a previous non-convict and the circumstances of the incident were unclear, the court accepted the bail petition, allowing the petitioner to be released on bail upon furnishing a bond of Rs. 1,00,000 with two sureties. |
| Summary |
In the case of Pervez Anjum Ghauri v. State, the Lahore High Court addressed the issue of bail in a murder case arising from a land dispute. The petitioner was accused of murder under Section 302 of the Pakistan Penal Code. The court highlighted that the FIR lacked specific details about who fired the fatal shot, and the complainant's testimony was not direct evidence of the occurrence. The court emphasized the need for a clearer determination of who was the aggressor in the incident, as both parties had been charged. Given that the petitioner was a previous non-convict and the case required further investigation, the court granted bail, requiring the petitioner to provide a surety bond. This decision underscores the importance of evidentiary clarity in criminal proceedings and the rights of individuals seeking bail. Keywords such as 'bail', 'murder case', 'land dispute', 'Pakistan Penal Code', and 'criminal procedure' are relevant for legal research and SEO optimization. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ch. iftikhar hussain
|
| Lawyers |
Rai Bashir Ahmad,
Syed Anwar-ul-Hassan Jillani,
Ch. Muhammad Akbar Gill
|
| Petitioners |
PERVEZ ANJUM GHAURI
|
| Respondents |
STATE
|
| Citations |
2004 SLD 3869,
2004 PLJ 291
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302
|