| Case ID |
1ee31e38-ebc8-4e55-a7ed-87ffbaaddb1a |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 33 of 2010 |
| Decision Date |
Jan 30, 2012 |
| Hearing Date |
Jan 23, 2012 |
| Decision |
The appeal against the Shariat Court's decision to grant bail to the accused-respondent was dismissed. The court found that the Shariat Court did not violate the principles of law regarding bail and that the case did not fall under the prohibitory clause of Section 497 of the Criminal Procedure Code. The injury sustained by the complainant was not on a vital part of the body, and the medical report indicated that it was not punishable by death, thus making the grant of bail appropriate under the circumstances. The court emphasized that deeper appreciation of evidence is not warranted at the bail stage and that once bail is granted, cancellation requires strong grounds, which were not present in this case. |
| Summary |
This case revolves around a criminal appeal concerning the grant of bail to the accused-respondent in a case involving serious allegations including attempt to commit qatl-e-amd (murder) and causing injury. The Supreme Court of Azad Jammu and Kashmir evaluated the Shariat Court's decision to grant bail, focusing on the nature of the injuries inflicted and the accused's involvement. Emphasizing the principles of law related to bail, the Court reaffirmed that in non-bailable offenses, the grant of bail is typically a rule unless exceptional circumstances arise. The Court found no evidence of such circumstances in this case, leading to the dismissal of the appeal. This case highlights important legal principles regarding bail and the judicial process in criminal matters, making it a significant reference point for future cases involving similar issues. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AZAM KHAN, C.J.,
RAJA SAEED AKRAM KHAN, J
|
| Lawyers |
Khalid Yousaf,
Ch. Yasir Mehmood,
Raja Ghazanfar Ali
|
| Petitioners |
WAQAR ASLAM
|
| Respondents |
ZARGHAM HAIDER SHAH
|
| Citations |
2012 SLD 2453,
2012 YLR 1880
|
| Other Citations |
Tariq Bashir and 5 others v. The State PLD 1995 SC 34,
Abdul Khaliq v. State and another 2010 SCR 402,
Raja Muhammad Irshad v. Muhammad Bashir Goraya and others 2006 SCMR 1292,
Suba Khan v. Muhammad Ajmal and 2 others 2006 SCMR 66,
Ehtesab Bureau, Azad Jammu and Kashmir v. Muhammad Hanif Shaikh and another 2004 PCr.LJ 996
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)
|
| Sections |
497(2),
324,
337,
34,
42
|