| Case ID |
1a1d2d81-41c8-40e7-978a-7471aa15da9e |
| Body |
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| Case Number |
B.A. No. 93-P of 2012 |
| Decision Date |
Feb 17, 2012 |
| Hearing Date |
|
| Decision |
The petitioner Adnan, charged under section 324, P.P.C., in F.I.R. No.301, sought bail claiming he was falsely implicated and provided no evidence linking him to the offence. The court noted the complainant did not charge any person in the F.I.R. for the firearm injuries and no identification parade was conducted. The complainant's delayed statement under section 164, Cr.P.C. lacked details of satisfaction regarding the accused's involvement. The court ruled that mere abscondence does not impede bail unless supported by substantial evidence. Thus, it allowed the bail petition, requiring the petitioner to furnish bail bonds of Rs. One lac with two sureties. |
| Summary |
In the case of Adnan vs. The State, the Peshawar High Court addressed the issue of bail under the Criminal Procedure Code and the Penal Code. The petitioner, Adnan, was accused under section 324 of the Penal Code for an attempted murder charge. The court highlighted significant procedural flaws in the prosecution's case, including the absence of charges in the initial F.I.R. and the lack of an identification parade. The judgment emphasized that the mere fact that the petitioner absconded was not sufficient to deny bail, as there was no other supporting evidence tying him to the alleged crime. This case underscores the importance of due process and the rights of the accused in criminal proceedings, particularly regarding the grant of bail. The ruling contributes to legal precedents concerning the standards for bail in serious criminal charges, reinforcing the principle that the prosecution bears the burden of establishing a strong case before bail can be denied. This case is significant for legal practitioners and scholars focused on criminal law and bail procedures. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN, J
|
| Lawyers |
Yasir A. Khan,
Khail Mohd Mohmand,
Jehan Parwar,
Shakeel Ahmad
|
| Petitioners |
ADNAN
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2506,
2012 YLR 2106
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
324
|