| Case ID |
1b4b645b-4c86-4be8-b6a9-02d5cfa2f73a |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1041/B of 1978 |
| Decision Date |
Jun 01, 1978 |
| Hearing Date |
|
| Decision |
The application for cancellation of bail for respondents Nazir, Nawab, Siddique, and Wazir was reviewed. The court determined that the conditions for bail cancellation were not met, as the respondents had not directly caused injuries to the deceased and the injuries to the witnesses were simple in nature. The court highlighted the need for a careful examination of the circumstances surrounding the case, particularly given the involvement of lethal weapons and the potential for constructive liability. The decision of the Additional Sessions Judge to grant bail was upheld, emphasizing that the case against the respondents warranted further inquiry rather than immediate bail cancellation. Consequently, the petition for cancellation of bail was dismissed. |
| Summary |
This case revolves around the cancellation of bail granted to respondents charged with serious offenses including murder and attempted murder. The Lahore High Court analyzed the application under section 497 of the Criminal Procedure Code, focusing on the nature of injuries inflicted and the role of each respondent during the incident. The court emphasized the necessity of distinguishing between those who directly caused harm to the deceased versus those who inflicted injuries to witnesses. The decision reinforced the principle that bail should not be routinely denied based on mere participation in unlawful assemblies without clear evidence of intent to cause death. The judgment referenced previous case law to affirm that bail is a right unless compelling reasons exist to deny it. This case highlights critical aspects of criminal law and the standards for bail in serious offenses, providing insights into judicial discretion and the application of legal principles. Keywords such as 'bail', 'criminal law', 'Lahore High Court', and 'legal principles' are crucial in understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASAN SINDHER, J
|
| Lawyers |
Dr. Khalid Ranjha,
Muhammad Hussain Awan,
Nemo
|
| Petitioners |
ALI MUHAMMADer
|
| Respondents |
NAZIR ETC.
|
| Citations |
1980 SLD 1221,
1980 PLD 52
|
| Other Citations |
Mahla and others v. The State 1976 P Cr. L J 1059,
Muhammad Akbar v. State and another 1978 S C M R 7,
Abdur Rashid and another v. The State 1978 S C M R 45
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
497(5),
497(2)
|