| Case ID |
13e62eb9-2030-4fb6-b12f-847f9bc745ec |
| Body |
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| Case Number |
Criminal Bail Applications Nos. 630 and 631 of 201 |
| Decision Date |
Feb 19, 2018 |
| Hearing Date |
Feb 19, 2018 |
| Decision |
In this case, the applicant Sunny son of Rafiq sought bail in connection with FIR No.336 of 2016 under multiple sections including 353, 324, and 34 of the Penal Code, and FIR No.337 of 2016 under the Sindh Arms Act. The court found that there were substantial contradictions between the ocular evidence provided by the prosecution and the medical evidence presented. The applicant had been in custody since December 1, 2016, and more than a year had passed without trial completion. The court emphasized that the benefit of doubt should be granted to the accused, especially where reasonable doubt exists about their involvement in the alleged crime. Therefore, the court extended bail to the applicant, requiring surety and bond to be furnished. |
| Summary |
The case revolves around the bail applications of Sunny and Asim, accused of serious charges including assault on law enforcement and possession of unlicensed firearms. The court critically evaluated the prosecution's evidence, highlighting discrepancies between witness testimonies and medical reports. Notably, while the FIR indicated that both accused sustained injuries to their right legs, medical records contradicted this, showing injuries to the left legs instead. The judges pointed out that all prosecution witnesses were police personnel, raising concerns about the credibility of the evidence. Given the lengthy custody of the accused without trial and the lack of injuries to the police, the court ruled that further inquiry was warranted. The decision underscored the principle that the benefit of the doubt must favor the accused, thus granting bail. This case highlights crucial aspects of criminal law, including the rights of the accused and the importance of credible evidence in securing a conviction. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO,
SHAMSUDDIN ABBASI
|
| Lawyers |
Abdul Irfan,
Muhammad Iqbal Awan
|
| Petitioners |
Sunny son of Rafiq
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 1748,
2018 YLR 1645
|
| Other Citations |
Syed Amanullah Shah v. The State PLD 1996 SC 241
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Anti-Terrorism Act (XXVII of 1997),
Sindh Arms Act (V of 2013)
|
| Sections |
497(2),
353,
324,
34,
7,
25(1)
|