| Case ID |
1719eba6-56ee-48fc-b403-ffd9eb2f297b |
| Body |
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| Case Number |
Criminal Miscellaneous Application No.103 of 2000 |
| Decision Date |
Nov 20, 2000 |
| Hearing Date |
|
| Decision |
The court accepted the application for cancellation of bail granted to the accused respondents. It was determined that the evidence presented, including the statement of the Suzuki driver, Muhammad Arif Khan, who implicated the accused in the murder, constituted a prima facie case against them. The court noted that the trial was to commence shortly, and the accused had not misused the concession of bail. Therefore, the previous order granting bail was recalled, and the accused were directed to be taken into custody pending trial. |
| Summary |
In the case of Mst. Ajaib Bibi vs. S. Sakhawat Shah and others, the Peshawar High Court addressed the crucial issue of bail cancellation under the Criminal Procedure Code. The court highlighted the significance of prima facie evidence in determining the guilt of the accused, particularly focusing on the testimony of a Suzuki driver who witnessed the accused's involvement in the concealment of a dead body. This case underscores the legal principles surrounding bail, particularly in serious offenses like murder, emphasizing the court's role in ensuring justice while balancing the rights of the accused against the severity of the allegations. The decision to recall bail was based on established legal precedents, ensuring that the judicial process remains fair and just. Keywords: bail cancellation, prima facie evidence, murder case, Peshawar High Court, Criminal Procedure Code. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL-HASSAN, J
|
| Lawyers |
Syed Shabbir Hussain Shah,
Ghulam Mujtaba Khan Jadoon,
Muhammad Ayub
|
| Petitioners |
Mst. AJAIB BIBI
|
| Respondents |
S. SAKHAWAT SHAH,
Abid Shah,
Nazar Hussain Shah
|
| Citations |
2001 SLD 1022,
2001 PCRLJ 875
|
| Other Citations |
1999 SCMR 338,
1998 PCr.LJ 746,
1996 PCr.LJ 795,
1984 PCr.LJ 2219,
2000 PCr.LJ 1171,
2000 PCr.LJ 1574,
2000 YLR 1252,
1998 Cr.LJ 339,
1999 MLD 979,
1998 SCMR 1578
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
302,
201/34
|