| Case ID |
1bace3bc-521b-477c-8fd0-0085db041c54 |
| Body |
View case body. Login to View |
| Case Number |
Bail Application No. 217 of 2011 |
| Decision Date |
Feb 23, 2011 |
| Hearing Date |
|
| Decision |
The bail application of the applicant, Wajid, was allowed due to the lack of specific roles attributed to him in the commission of the alleged crime. The prosecution's witnesses did not implicate the applicant in their statements, and there were counter versions of the incident that required further inquiry. The court emphasized that the determination of which version was correct was to be made by the trial court after considering evidence. Consequently, the applicant was granted bail upon furnishing a surety of Rs. 50,000 and a P.R. Bond of the same amount. |
| Summary |
The case revolves around the bail application of Wajid, who was implicated in a serious criminal offense involving an alleged murderous assault. The High Court scrutinized the evidence, highlighting the absence of specific accusations against Wajid in the statements provided by prosecution witnesses. The court noted that counter-versions existed regarding the incident, which necessitated further inquiry by the trial court. The decision to grant bail was grounded in the legal provisions of the Criminal Procedure Code, specifically Section 497(2), which allows for bail when further investigation is deemed necessary. This case underscores the principle that an accused is entitled to bail when there is ambiguity in the prosecution's claims, emphasizing the importance of due process in criminal law. The ruling also references precedent cases to reinforce the court's position on granting bail under similar circumstances. Keywords: bail application, Sindh High Court, criminal procedure, further inquiry, prosecution witnesses, counter-versions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMED ALI M. SHAIKH, J
|
| Lawyers |
Said Muhammad Khan,
Muhammad Iqbal Awan
|
| Petitioners |
WAJID
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 2241,
2011 PLD 199
|
| Other Citations |
Shoaib Mehmood Butt v. Iftikhar-ul-Haq 1996 SCMR 1845
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
324/34
|