| Case ID |
1683c86f-27e8-48a4-8123-3e5ea6c7a8c4 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 83 of 2004 |
| Decision Date |
Feb 01, 2006 |
| Hearing Date |
Feb 01, 2006 |
| Decision |
The High Court, upon reviewing the application for cancellation of bail granted to Khadoo alias Khadim Hussain, found that the initial bail was granted without a proper evaluation of the evidence against the respondent. The court noted that the respondent had actively participated in the murder of Umer Shah, including facilitating the fatal shot. As a result, the court canceled the bail, emphasizing that such decisions must be based on a thorough assessment of vicarious liability and the specifics of the case. The trial court was directed to ensure the arrest of the respondent, thereby reinforcing the principles of justice in cases involving serious offenses such as murder. |
| Summary |
In the case of Syed Abdullah Shah vs. Khadoo alias Khadim Hussain, the Sindh High Court addressed the critical issue of bail cancellation under the Criminal Procedure Code, specifically section 497(5). The court determined that the initial grant of bail to the respondent was made without a comprehensive assessment of the evidence, particularly concerning the respondent's role in the murder of Umer Shah. The court highlighted the importance of evaluating vicarious liability in cases involving fatal injuries. This case underscores the legal principles governing bail in serious criminal offenses, emphasizing that each case must be examined on its individual merits. Furthermore, it illustrates the judiciary's commitment to ensuring justice by upholding established legal standards and precedents. The decision to cancel bail serves as a reminder of the court's authority to rectify previous rulings that may have deviated from legal principles. The ruling references several pivotal cases that shape the understanding of bail in similar contexts, making it a significant ruling in the realm of criminal law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SADIQ LEGHARI, J
|
| Lawyers |
Safdar Ali Bhutto,
Muhammad Ismail Bhutto
|
| Petitioners |
Syed Abdullah Shah
|
| Respondents |
,
KHADOO alias KHADIM HUSSAIN
|
| Citations |
2006 SLD 3049,
2006 PLD 285
|
| Other Citations |
2004 SCMR 1019,
1979 SCMR 65,
1979 SCMR 114,
1985 PCr.LJ (S.C) 744,
1994 SCMR 393,
1978 SCMR 375,
1981 SCMR 35
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
302,
34
|