| Case ID |
16a75769-88e7-4f53-b558-f4b018412d21 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 9833-B of 2013 |
| Decision Date |
Aug 05, 2013 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Bilal, after considering the delay in the registration of the First Information Report (FIR) and the lack of direct evidence linking him to the crime. The petitioner was not named in the FIR and was implicated through a supplementary statement made four months post-incident, which lacked credibility due to the absence of a source. The court emphasized the importance of conducting a test identification parade for those not named in the FIR, which was not done in this case. Additionally, the previous non-convict status of the petitioner and the completeness of the investigation were crucial factors in the decision to grant bail. The court ruled that further detention would not serve a useful purpose, thus allowing the petitioner bail after arrest, subject to conditions. |
| Summary |
In the case of Criminal Miscellaneous No. 9833-B of 2013, the Lahore High Court evaluated a bail petition under section 497 of the Criminal Procedure Code. The petitioner, Bilal, was accused of robbery under sections 392 and 411 of the Penal Code. The court highlighted significant delays in the FIR registration and the lack of direct evidence implicating the petitioner. The supplementary statement used to link him to the crime came months after the incident without any credible source, rendering it legally insignificant. Furthermore, the absence of a test identification parade, which is crucial when an accused is not named in the FIR, added to the case's complexity. Despite the prosecution's claims regarding the recovery of cash from the petitioner and previous allegations against him, the court ruled that mere registration of cases without conviction cannot deny bail if the accused is otherwise entitled to it. The decision underscored the principles of justice and the importance of fair legal processes, ultimately granting the petitioner bail after three months of detention. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN
|
| Lawyers |
Rana Muhammad Nawaz for Petitioner.,
Mian Imran Kaleem, Deputy Prosecutor General along with Iqbal S.I. for the State.
|
| Petitioners |
Bilal
|
| Respondents |
The State and Others
|
| Citations |
2014 SLD 582 = 2014 MLD 1223
|
| Other Citations |
1996 SCMR 511,
1997 SCMR 971
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
497,
161,
392,
411,
22
|