| Case ID |
15e18f69-fc21-4426-acab-1dbda01a2022 |
| Body |
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| Case Number |
Criminal Appeal No. 24 of 2003 |
| Decision Date |
Oct 10, 2003 |
| Hearing Date |
Oct 08, 2003 |
| Decision |
The appeal against the Shariat Court's judgment was accepted, leading to the appellant's release on bail. The court found that the case required further inquiry, particularly regarding the aggressor's determination between involved parties. The FIR did not attribute direct firing to the appellant, and the evidence presented indicated inconsistencies that warranted a deeper examination. |
| Summary |
This case revolves around the appeal made by Muhammad Idrees Kiani against the order of the Shariat Court, which had denied him bail in a serious criminal matter involving allegations of attempted murder and rioting. The Supreme Court of Azad Jammu and Kashmir scrutinized the principles of granting bail under Section 497 of the Criminal Procedure Code, emphasizing the necessity of reasonable grounds for believing that an accused is guilty of a non-bailable offense. The court observed that the initial FIR did not implicate the appellant directly in the firing incident, suggesting that the matter required further inquiry to ascertain the aggressor in the conflict. The judgment cited several precedents that underscored the significance of a thorough investigation and the importance of evaluating evidence carefully before denying bail. This ruling highlights the legal standards applicable to bail decisions, especially in cases with conflicting narratives and counter-challenges. The decision exemplifies how the judiciary balances the rights of the accused with the demands of justice, ensuring that individuals are not unjustly detained pending trial when substantial questions about their culpability remain unanswered. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
|
| Judges |
KHAWAJA MUHAMMAD SAEED,
CHAUDHARY MUHAMMAD TAJ
|
| Lawyers |
Kh. Shahad Ahmed,
Raja Ibrar Hussain,
Raja Muhammad Hanif Khan
|
| Petitioners |
MUHAMMAD IDREES KIANI
|
| Respondents |
THE STATE,
|
| Citations |
2004 SLD 2474,
2004 PCRLJ 1264
|
| Other Citations |
Tahir Sarwar v. Muhammad Qasim and others 1992 SCR 279,
Muhammad Sharif v. The State 1981 PCr.LJ 704,
Rehmat Ali v. Hussain 1978 SCMR 195,
Muhammad Shafi v. Hakam Ali 1978 SCMR 346,
Fazal Muhammad v. Ali Ahmad 1976 SCMR 391,
Azmat v. The State 1981 PCr.LJ 1158,
Khalil-ur-Rehman v. the State 1979 SCMR 168,
Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 159,
Abdul Jabbar v. State 1998 PCr.LJ 1423,
Nazir Ahmed Khan and 3 others V. State PLD 1998 SC (AJK) 43,
Karamat Hussain v. Faraqat Hussain PLD 1987 SC (AJK) 27,
Ghulam Nabi and another v. The State 1986 PCr. LJ 1736,
Hassan Shah and another v. The State 1984 PCr.LJ 1840,
Muhammad Sharif v. The State 1985 PCr.LJ 1435,
Pannu Khan v. The State 1994 SCR 30,
Arshad Mehmood and another v. The State and another 1994 SCR 260
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
147,
148,
149
|