| Case ID |
151e4e6b-fc0e-4a81-9f4d-788479708bec |
| Body |
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| Case Number |
Criminal Miscellaneous No. 11194-B of 2012 |
| Decision Date |
Aug 23, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted post-arrest bail to the petitioner, Sagheer Ahmad, in a case involving allegations of theft. The court noted the significant delay of 3-4 months in lodging the FIR and the lack of concrete evidence linking the petitioner to the alleged crime. The amount of Rs. 25,000 produced by the petitioner's father was deemed insufficient to establish recovery at the instance of the accused. The court emphasized that the offences did not fall under the prohibitory clause of Section 497 of the Criminal Procedure Code, and therefore, bail should be granted as a rule rather than an exception. The petitioner was admitted to bail upon furnishing sureties. |
| Summary |
This case revolves around the application for post-arrest bail by Sagheer Ahmad, who was accused of theft while serving as an Assistant Manager at a cloth shop. The prosecution alleged that he, along with co-accused, had stolen a significant quantity of cloth valued at Rs. 19,22,880. However, the court found that the FIR was lodged after a considerable delay of 3-4 months, raising doubts about the credibility of the case. The lack of eyewitness accounts and the absence of direct recovery of stolen goods further weakened the prosecution's argument. The court referred to the National Judicial Policy of 2009, which advocates for the grant of bail unless the offence falls within a prohibitory clause. The decision highlights the importance of timely and credible evidence in criminal proceedings and underscores the principle that bail should be the norm in non-prohibitory cases. This case serves as a critical reference point for future bail applications in similar contexts, emphasizing judicial prudence and the rights of the accused. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAQAR NAJAFI, J
|
| Lawyers |
Muhammad Inayat Ullah Cheema,
Muhammad Naeem Sheikh,
Zulfiqar Butt
|
| Petitioners |
SAGHEER AHMAD
|
| Respondents |
THE STATE and others
|
| Citations |
2012 SLD 2671,
2012 YLR 2777
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
381,
411
|