| Case ID |
1abcaae2-bb92-4f5c-add8-340e47a7353a |
| Body |
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| Case Number |
Criminal Miscellaneous No. 9142-B of 2007 |
| Decision Date |
Jan 24, 2008 |
| Hearing Date |
|
| Decision |
The petitioner, Asghar Ali alias Kaloo, seeks post-arrest bail in connection with a murder case where he was not named in the F.I.R. but implicated later through a supplementary statement. The court found that the evidence against the petitioner was weak, as it relied on suspicion without direct evidence linking him to the crime. Furthermore, co-accused had previously been granted bail under similar circumstances. The court ruled in favor of granting bail, emphasizing the principle of consistency in such cases and acknowledging that mere abscondence does not warrant denial of bail if the accused is otherwise entitled. |
| Summary |
In the case of Asghar Ali alias Kaloo vs. The State, the Lahore High Court addressed the issue of bail under the Pakistan Penal Code and Criminal Procedure Code. The petitioner was not named in the initial F.I.R. related to the murder of his sister, leading to questions about the validity of his later implication based on a supplementary statement. The court critically examined the evidence, noting that the recovery of items from the petitioner occurred over a year after the alleged crime, undermining their relevance. The decision emphasized the importance of consistency in granting bail, particularly when co-accused had been released under similar circumstances. The ruling ultimately favored the petitioner, allowing bail despite the prosecution's objections, thus reinforcing judicial principles regarding bail entitlement. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SHAMIM, J
|
| Lawyers |
Zia-ur-Rehman Chaudhry for Petitioner,
Ch. Amjad Hussain, Deputy Prosecutor-General for the State,
Abdul Rashid, S.I
|
| Petitioners |
ASGHAR ALI alias KALOO
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 568 = 2008 PLD 191
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898)
|
| Sections |
302,
460,
497
|