| Case ID |
172c2f7f-0842-4440-a4ca-e6167d4ab6f2 |
| Body |
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| Case Number |
Criminal Bail Application No. 1339 of 2003 |
| Decision Date |
Nov 24, 2003 |
| Hearing Date |
|
| Decision |
The application for bail was granted to the applicant Gul Khan based on the circumstances surrounding the case. The court found that the prosecution witnesses did not support the allegations made against the applicant, and the items in question were not recovered during the investigation. The court noted that there were conflicting accounts of the incident, which necessitated a determination by the trial court. Given the lack of substantial evidence against the applicant and the statements from witnesses indicating his innocence, bail was granted on the condition of providing a surety and personal bond. |
| Summary |
In the case of Gul Khan versus The State, the Sindh High Court heard a bail application concerning an alleged robbery under section 382 of the Pakistan Penal Code. The applicant, Gul Khan, was accused of stealing cash and grocery items from a complainant, Muhammad Iqbal. The court analyzed the testimonies of multiple prosecution witnesses, who claimed to have been present during the incident but later provided affidavits stating that the applicant was innocent. The court emphasized the importance of the testimonies and the absence of recovered stolen items, leading to the conclusion that the case required further examination by the trial court. Ultimately, the court ruled in favor of granting bail, highlighting the need for a fair trial based on credible evidence. Key legal references included the Criminal Procedure Code and the Pakistan Penal Code, underscoring the judicial commitment to due process and justice. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZAWWAR HUSSAIN, JAFFERY, J
|
| Lawyers |
Shahadat Awan,
Ms. Akhtar Rehana,
M. Shafi Khan
|
| Petitioners |
Gul Khan
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2598,
2004 PLD 310
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
382
|