| Case ID |
157d2ca2-48f3-4363-86d0-527e74825e60 |
| Body |
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| Case Number |
Criminal Bail Application No. 27 of 2020 |
| Decision Date |
Feb 29, 2020 |
| Hearing Date |
Feb 28, 2020 |
| Decision |
The court reviewed the bail application concerning FIR No. 15 of 2019. The applicants were accused of serious charges under sections 302, 109, 147, 148, and 149 of the Penal Code. The court found that while the applicants were named in the FIR, the evidence was not strong enough to deny bail to one of the applicants, Khamisa. The court noted that mere nomination in the FIR does not automatically justify refusal of bail. The evidence against the other two applicants was deemed sufficient to dismiss their bail requests. Therefore, Khamisa was granted bail upon providing surety, while the bail applications for the other two were denied. |
| Summary |
This case revolves around a bail application filed by Khamisa and two others in the Balochistan High Court. The applicants were involved in a serious criminal case under the FIR alleging murder and related charges. The court meticulously assessed the evidence presented. It concluded that while the applicants were named in the FIR, the nature of the allegations against Khamisa was general, lacking specific incriminating evidence. This decision highlighted the importance of substantial evidence for bail denial and the principle that mere nomination in an FIR is insufficient for refusing bail. The case underscores the judiciary's role in ensuring that rights to bail are not denied without adequate justification. Keywords include bail application, criminal procedure, judicial review, and evidence assessment, which are essential for understanding the dynamics of legal proceedings in Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, JUSTICE
|
| Lawyers |
Ali Hassan Bugti for Applicants,
Jameel Akhtar Gajwani, A.P.G. for the State
|
| Petitioners |
KHAMISA AND 2 OTHERS
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 793,
2021 YLR 347
|
| Other Citations |
2012 SCMR 556,
2011 SCMR 1543,
PLD 1989 SC 585
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
109,
147,
148,
149
|