| Case ID |
1a46c9dd-16f0-4b03-9d66-b96ca879ae1d |
| Body |
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| Case Number |
Spl. Crl. Bail Applications Nos. 52 to 55 and 61 t |
| Decision Date |
Oct 05, 2015 |
| Hearing Date |
|
| Decision |
The court granted bail to several applicants involved in smuggling allegations related to the transit of goods across Pakistan to Afghanistan. The prosecution failed to provide concrete evidence linking the accused to the alleged crime, which involved the smuggling of generators meant for NATO forces. The applicants had been in custody for several months without sufficient evidence against them, and the court deemed that their continued detention was unnecessary. The decision emphasized the lack of specific roles assigned to the applicants in the FIR and the absence of recovery of stolen goods. Therefore, the court ordered their release on bail subject to the furnishing of surety bonds. |
| Summary |
In the case of Spl. Crl. Bail Applications Nos. 52 to 55 and 61 to 67 of 2015, the Sindh High Court examined the bail applications of several individuals accused of involvement in smuggling generators intended for NATO forces. The key issues revolved around the lack of evidence presented by the prosecution, which failed to establish a direct connection between the accused and the alleged crimes. The court noted that the accused had been in custody for an extended period without any significant progress in the investigation. The ruling highlighted the necessity for further inquiry into the allegations, as the prosecution did not produce any tangible proof of the alleged theft or smuggling. Most of the accused were employees of transport companies or agencies without specific roles in the alleged offences. The court's decision to grant bail was based on the principle that continued detention without sufficient evidence serves no purpose, especially when co-accused had already been granted bail. This case underscores the importance of clear evidence in criminal proceedings and the rights of individuals to fair treatment under the law. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AQEEL AHMED ABBASI, J
|
| Lawyers |
Ms. Dilkhurram Shaheen,
Fiaz H. Shah,
S.Zafar Ali Shah,
S. Mukhtar Hussain,
Sameer Ghazanfar,
Aashique Ali Anwar Rana
|
| Petitioners |
Tariq,
Mujahid,
Dildar Khan,
GUL WALI,
Behram Khan,
Shah Khalid,
Bashir Khan,
Shehzad Gul,
Namat Wali,
Maro,
Sarfraz Khan
|
| Respondents |
The STATE
|
| Citations |
2016 SLD 1147,
2016 PTD 1903
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Customs Act, 1969
|
| Sections |
497(2),
2(s),
121,
129
|