| Case ID |
187b3fc0-ec41-4e35-883c-68d9f7cabfb8 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1225-B of 2011 |
| Decision Date |
Mar 09, 2011 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Tariq alias Bogi, under section 497(2) of the Criminal Procedure Code. The decision was based on the lack of specific roles assigned to the accused in the FIR and the fact that other co-accused had already been granted bail. The court highlighted the importance of consistency in judicial decisions and noted that the evidentiary value of a delayed statement by an injured witness would be evaluated during the trial. The petitioner had been in custody for over five months without the commencement of his trial, which further supported the case for bail. The court emphasized that the observations made were tentative and would not influence the trial's outcome. |
| Summary |
In the case of Tariq alias Bogi vs. The State, the Lahore High Court addressed the issue of bail under section 497(2) of the Criminal Procedure Code. The petitioner sought bail after being implicated in a case involving serious charges under the Pakistan Penal Code, including attempted murder and mischief. The court analyzed the FIR, which attributed a general role to all accused, and noted that the petitioner had been in jail for an extended period without a trial. The court applied the rule of consistency, as other accused with similar charges had been granted bail. The decision also raised concerns regarding the reliability of a delayed witness statement that assigned specific blame to the petitioner. Ultimately, the court accepted the bail petition, allowing the petitioner to be released pending trial. This case highlights important aspects of criminal procedure, the rights of the accused, and the judicial principles governing bail decisions, making it a significant reference for similar future cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IFTIKHAR HUSSAIN
|
| Lawyers |
Zulifqar Ahmad Bhatti,
Khurram Khan
|
| Petitioners |
TARIQ ALIAS BOGI
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2012 SLD 898,
2012 YLR 532
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
148,
149,
324,
427
|