| Case ID |
160cbfd4-7270-4b16-8b2d-4eead5e7e7a8 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 1196-B/2020 |
| Decision Date |
Sep 08, 2020 |
| Hearing Date |
|
| Decision |
The court allowed the petitions for post-arrest bail for Kamran Khan and the other petitioners based on the principle of further inquiry under section 497(2) of the Criminal Procedure Code. The court noted that both parties had presented conflicting accounts of the incident, indicating the possibility of suppression of facts. This ambiguity, along with the serious injuries sustained by Kamran Khan during the incident, warranted a cautious approach. The decision emphasized that mere involvement in a heinous crime does not automatically disqualify a defendant from bail if other factors suggest entitlement to such relief. Bail was granted subject to the petitioners providing sureties to the satisfaction of the trial court, and the trial was directed to be concluded expeditiously within four months. |
| Summary |
In the case of Kamran Khan vs. The State, the Lahore High Court dealt with a complex situation involving multiple parties and conflicting narratives surrounding a violent incident. The court recognized the intricacies of criminal law, particularly regarding the application of bail in cases with cross-versions of events. The decision highlighted important legal principles such as the presumption of innocence and the necessity for thorough evaluation of evidence by the trial court. The ruling reaffirmed that the nature of the charges, while serious, does not negate the possibility of bail if further inquiry is warranted. This case underscores the essential balance between public safety and individual rights in the criminal justice system. Keywords such as 'criminal law', 'bail application', 'cross-versions', and 'Lahore High Court' represent trending terms in legal discourse, emphasizing the ongoing relevance of this case in discussions surrounding legal rights and procedures. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
SADIQ MAHMUD KHURRAM
|
| Lawyers |
Muhammad Bashir Paracha,
Sheikh Ahsan ud Din,
Khalid Pervaiz Opal
|
| Petitioners |
Kamran Khan,
Wasib Khan,
Hamid,
Easab Khan,
Arfeen Khan,
Amjad Khan
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2021 SLD 2583,
2021 PCRLJ 1643
|
| Other Citations |
Ali Sheharyar v. The State 2008 SCMR 1448,
Noor Muhammad v. The State 2009 SCMR 324,
Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 391,
Mithoo v. The State 1978 SCMR 231,
Mst. Shafiqan v. Hashim and another 1972 SCMR 682,
Ghulam Abbas v. The State and others 2016 SCMR 2048,
Shoaib Mehmood Butt v. Ifiikhar ul Haq and 3 others 1996 SCMR 1845,
Muhammad Zahid Umar v. The State and others 2016 SCMR 1246,
Ghulam Abbas alias Gaman and others v. The State and others 2017 SCMR 1730
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
337-F(iii),
337-F(iv),
337-H(2),
148,
149,
34
|