| Case ID |
158e6adf-6018-46bd-a639-1b447554aef0 |
| Body |
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| Case Number |
Criminal Misc. No. 2554/B of 1991 |
| Decision Date |
Nov 19, 1991 |
| Hearing Date |
Nov 19, 1991 |
| Decision |
The court dismissed the petition for bail filed by Riaz Mahmood Butt alias Towna, who was accused under sections 302, 324, and 34 of the Pakistan Penal Code. The petitioner claimed innocence based on an investigation by the police, which was not substantiated by concrete evidence. The court emphasized the importance of eyewitness statements supporting the prosecution's case, leading to the decision to refuse bail. The court highlighted that the opinion of the police officer, while considered, was not binding and required substantial backing from credible evidence. The decision was influenced by a precedent that emphasized the necessity of direct evidence connecting the accused to the crime, ultimately leading to the dismissal of the bail application. |
| Summary |
In the case of Riaz Mahmood Butt alias Towna vs. The State, the Lahore High Court addressed a bail application concerning serious charges under the Pakistan Penal Code, specifically sections 302, 324, and 34. The petitioner sought bail on the basis of an opinion from the Superintendent of Police, who suggested that the petitioner was innocent based on the investigation. However, the court found that the opinion was not supported by credible witness testimony and that the allegations were substantiated by eye-witness accounts. The court reiterated that while police opinions are valuable, they must be grounded in concrete evidence, and in this instance, the evidence presented by the prosecution was compelling. The court ultimately dismissed the bail application, underscoring the significance of direct evidence in criminal proceedings. This case highlights the legal principles governing bail in serious offenses and the critical role of eyewitness testimony, establishing a precedent for future cases involving similar circumstances. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S.M. Zubair
|
| Lawyers |
Learned counsel for the petitioner,
Learned counsel for the State,
Learned counsel for the complainant
|
| Petitioners |
Riaz Mahmood Butt alias Towna
|
| Respondents |
The State
|
| Citations |
1992 SLD 1985,
1992 PLJ 75
|
| Other Citations |
1983 P.Cr.LJ. 502
|
| Laws Involved |
Pakistan Penal Code
|
| Sections |
302,
324,
34
|