| Case ID |
147d199c-a0ee-484d-af48-7572bb075611 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 45 of 2013 |
| Decision Date |
Jul 17, 2013 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner after determining that there was no reasonable ground to believe the accused had committed a non-bailable offense. The case involved the murder of Zahid Hussain, where the petitioner was implicated based on circumstantial evidence related to the provision of a blank SIM card. The court found that the essential conditions for bail as per Section 497(2) of the Criminal Procedure Code were satisfied, leading to the conclusion that the continued detention of the petitioner was unwarranted. Thus, the petitioner was released on bail upon fulfilling the required surety conditions. |
| Summary |
This case revolves around the grant of bail to the petitioner, Malik Haq Nawaz, who was accused in the murder case of Zahid Hussain. The decision was taken by the court based on the interpretation of the Criminal Procedure Code and the Penal Code. The court analyzed the evidence presented, which included the lack of direct involvement of the petitioner in the murder, as there were no overt acts attributed to him. The court emphasized the importance of ensuring that the rights of the accused are maintained, especially when there are no substantial grounds for believing that a non-bailable offense has occurred. The case highlights the legal principles surrounding bail applications in criminal proceedings and underscores the necessity for a thorough inquiry into the guilt of the accused before determining the conditions of their detention. This case serves as a significant reference for future bail applications, particularly in instances where the evidence is circumstantial and does not directly implicate the accused. |
| Court |
Unknown Court
|
| Entities Involved |
Zahid Hussain,
Mst. Ishrat Fatima
|
| Judges |
Wazir Shakeel Ahmed,
Mudasir Imam
|
| Lawyers |
Malik Haq Nawaz,
Assistant Advocate-General
|
| Petitioners |
Malik Haq Nawaz
|
| Respondents |
The State
|
| Citations |
2014 SLD 782,
2014 YLR 1850
|
| Other Citations |
1995 PCr.LJ 1494
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302,
324
|