| Case ID |
15e93df5-1f9c-4027-9e88-ad5f67640f7c |
| Body |
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| Case Number |
Crl. M.B. No. 321 of 2009 |
| Decision Date |
Dec 14, 2009 |
| Hearing Date |
Dec 14, 2009 |
| Decision |
The court allowed the bail application of the petitioner, Hakamzad, citing a lack of ocular evidence linking him to the crime and the potential for false implication. The FIR initially did not charge anyone, and the subsequent involvement of the petitioner occurred much later without sufficient justification. The court emphasized that keeping the petitioner in custody would serve no purpose as the case required further inquiry. |
| Summary |
In the case of Crl. M.B. No. 321 of 2009, the Peshawar High Court addressed the bail application of Hakamzad, who was charged under Sections 302, 324, and 34 of the Pakistan Penal Code. The initial FIR did not name any accused, and the subsequent supplementary statement implicating Hakamzad was deemed suspicious due to the delay in charging him. The court highlighted the absence of ocular evidence and the possibility of false implication, ultimately granting bail to the petitioner. This decision underscores the importance of timely and substantiated evidence in criminal proceedings, especially in cases involving serious charges like murder. Key legal principles were applied from previous rulings, emphasizing the necessity for clear evidence before detaining individuals. The ruling reflects ongoing discussions in legal circles regarding bail rights and the presumption of innocence until proven guilty. Legal practitioners and scholars may find this case significant as it relates to the standards of evidence required for detention and the implications of delayed charges in criminal cases. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN
|
| Lawyers |
Mr. Gohar Zaman Khan Kundi,
Mr. Sanaullah Shamim Gandapur
|
| Petitioners |
Hakamzad
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2010 SLD 971,
2010 PLJ 806
|
| Other Citations |
2009 Cr.L.J. 474
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, 1860
|
| Sections |
497(2),
302,
324,
34
|