| Case ID |
1b10cbf2-82a2-4311-86e1-c9986358b088 |
| Body |
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| Case Number |
Criminal Bail Application No. 18 of 2020 |
| Decision Date |
Mar 05, 2020 |
| Hearing Date |
Mar 05, 2020 |
| Decision |
The court allowed the bail application of Faizan, stating that he had not been named in the FIR and that no incriminating material was recovered against him. The application for identification parade was dismissed due to procedural errors, which indicated a need for further inquiry. The decision emphasized the importance of considering the minimum sentence for the alleged offence during bail hearings. The applicant was released on bail upon furnishing a solvent surety of Rs.100,000. |
| Summary |
In the case of Faizan versus The State, the Sindh High Court dealt with a bail application concerning the offence of dacoity under section 395 of the Penal Code. The applicant, Faizan, was arrested in connection with a robbery incident but was not named in the FIR, raising significant doubts about the prosecution's case. The court noted that the identification parade was not conducted correctly, which compromised the integrity of the evidence against the applicant. The decision highlighted the necessity for thorough investigation procedures, including proper identification protocols, and underscored the principle that an accused must be presumed innocent until proven guilty. The court ultimately ruled in favor of granting bail, reflecting a commitment to justice and the protection of individual rights. This case serves as a critical reference point in understanding the legal standards governing bail applications in criminal proceedings, particularly concerning the presumption of innocence and the evidentiary burdens on the prosecution. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MOBEEN LAKHO, JUSTICE
|
| Lawyers |
Shoukat Iqbal,
Abdullah Rajput
|
| Petitioners |
Faizan
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1439 = 2021 YLR 629
|
| Other Citations |
Kanwar Anwar Ali, Special Judicial Magistrate case PLD 2019 SC 488
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
395
|