Legal Case Summary

Case Details
Case ID 0ffc0a25-8e34-4584-8430-176f29df4e62
Body View case body.
Case Number Bail Application No. 1249 of 2003
Decision Date Dec 19, 2003
Hearing Date Dec 19, 2003
Decision The court allowed the bail application of the petitioner Dawood Shah Baig, who was involved in a case registered under multiple sections of the Pakistan Penal Code and the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The petitioner faced earlier rejections for bail from the Judicial Magistrate and Sessions Judge Chitral. The decision was based on the rule of consistency, as a co-accused with a similar role had already been granted bail. The court mandated that the petitioner furnish a bail bond of Rs. 200,000 with two local sureties to ensure compliance with the bail conditions.
Summary In the case of Bail Application No. 1249 of 2003, the Peshawar High Court addressed the bail plea of Dawood Shah Baig, who was accused of serious offenses under the Pakistan Penal Code, including abduction and threats, as well as offenses related to the Offence of Zina Ordinance. The court examined the applicant's previous attempts to secure bail, which had been denied by lower courts. Notably, the court emphasized the importance of the rule of consistency in bail applications, leading to the conclusion that the petitioner should also be granted bail since a co-accused had received similar relief. The court's decision highlighted the judicial principle that similar cases should yield similar outcomes to ensure fairness and justice. This case underscores the ongoing complexities within criminal procedure and the impact of legal representation on bail outcomes. The ruling also reflects the broader implications for defendants seeking bail in Pakistan's legal system, particularly regarding the interpretation of evidence and the rights of the accused. Keywords such as 'bail application', 'criminal procedure', and 'Pakistan Penal Code' are crucial for legal discussions surrounding this case.
Court Peshawar High Court
Entities Involved Not available
Judges Talaat Qayyum Qureshi, J.
Lawyers Mr. Mazullah Barkandi, Mr. Sajid Ali
Petitioners Dawood Shah Baig
Respondents another, STATE
Citations 2004 SLD 3918, 2004 PLJ 488
Other Citations Not available
Laws Involved Criminal Procedure Code (V of 1898), Pakistan Penal Code, 1860
Sections 497, 506, 342, 147, 149, 457, 458, 365