| Case ID |
1a46f406-d478-40bd-86b7-e731d1f27382 |
| Body |
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| Case Number |
Criminal Bail Application No. 238 of 1980 |
| Decision Date |
Apr 05, 1980 |
| Hearing Date |
|
| Decision |
The application for bail was dismissed based on the gravity of the allegations against the applicants, who were implicated in a broad daylight murder involving multiple injuries inflicted on the deceased, Ibrahim. The court noted that there was a strong motive for the crime and that the witnesses were closely related to the accused, making their testimony credible. The court emphasized that the case did not present circumstances that warranted further inquiry as specified under section 497(2) of the Cr. P. C. Thus, the bail application was rejected without delving into the merits of the case. |
| Summary |
In the case of Criminal Bail Application No. 238 of 1980 heard by the Sindh High Court, the court addressed the bail application of Saifullah and five others in a murder case. The incident involved the fatal assault of Ibrahim by the accused using hatchets, driven by a longstanding enmity and personal motives. The court considered the nature of the crime, which occurred in broad daylight, and the significant number of injuries inflicted on the deceased. The witnesses, who were related to both parties, corroborated the complainant's account, leading the court to dismiss the bail application. This decision underscores the importance of witness credibility and the implications of motive in criminal proceedings. The case illustrates key legal principles regarding bail in serious offences under Pakistani law, particularly the provisions of the Pakistan Penal Code and the Code of Criminal Procedure, emphasizing the court's role in assessing the need for further inquiry in such cases. Key terms include bail application, murder, credibility of witnesses, and criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
|
| Judges |
GHALIS ALI SHAH, J
|
| Lawyers |
|
| Petitioners |
Ghulam Nabi,
Abdul Rehman,
Abdul Wahid,
Saifullah,
Mohammad Moosa
|
| Respondents |
The State
|
| Citations |
1980 SLD 1727,
1980 PCRLJ 1105
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
302,
149,
148,
497(2)
|