| Case ID |
152030ef-32e5-4ddc-8542-1d5d2b761fea |
| Body |
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| Case Number |
Criminal Miscellaneous No. 2308-B of 2014 |
| Decision Date |
May 14, 2014 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioner, Ashiq Hussain, on the grounds that there was insufficient evidence to implicate him in the alleged offences of dacoity and robbery. The court noted the lack of a credible identification parade and highlighted the absence of any recovered evidence linking the petitioner to the crime. It was emphasized that the co-accused's statements held no legal value as they lacked substantiation. The petitioner had already spent 10 months in custody without conclusive evidence against him, and further detention would be tantamount to punishment before trial. Thus, the court accepted the bail petition and ordered the petitioner to furnish bail bonds of Rs. 100,000 with a surety. |
| Summary |
In the Lahore High Court case of Ashiq Hussain alias Irshad alias Shaad, the petitioner sought post-arrest bail concerning a charge of dacoity under the Pakistan Penal Code. The court analyzed the procedural inadequacies surrounding the arrest, particularly the failure to conduct an identification parade, which is critical in such cases. The judges noted that the prosecution's reliance on the statements of co-accused without corroborating evidence was insufficient to establish guilt. The decision emphasized the legal principle that a person is presumed innocent until proven guilty, and further detention without evidence is not justifiable. This case underscores the importance of adhering to due process and the rights of the accused in the criminal justice system. Key legal references include the Criminal Procedure Code and the Pakistan Penal Code, particularly sections addressing bail and the definition of dacoity. The ruling serves as a reminder of the courts' role in safeguarding individual rights against arbitrary detention. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SIKANDAR ZULQARNAIN SALEEM, J
|
| Lawyers |
Malik Saeed Ahmed Gumb for Petitioner,
Ch. Muhammad Akbar, Deputy Prosecutor-General with Aslam, A.S.-I. for the State,
Nemo for the Complainant
|
| Petitioners |
ASHIQ HUSSAIN alias IRSHAD alias SHAAD
|
| Respondents |
The STATE and another
|
| Citations |
2015 SLD 476 = 2015 PCRLJ 313
|
| Other Citations |
Walayat v. The State PLD 2008 Lah. 470
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
395,
397,
458
|