| Case ID |
1f4435ae-0686-4a42-acd8-08a79c7185ba |
| Body |
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| Case Number |
Criminal Bail Application No. S-405 of 2010 |
| Decision Date |
Jul 28, 2010 |
| Hearing Date |
Jul 21, 2010 |
| Decision |
The Sindh High Court granted interim pre-arrest bail to the applicants, confirming it based on the reasonable doubt present in the case. The court noted discrepancies in the accounts of the events leading to the firearm injuries and considered the existence of counter-FIRs as significant in determining the aggressor. The court highlighted that the complainant's injury was non-vital and that the prosecution's case was fraught with inconsistencies. The decision emphasized the principle that if bail can be granted post-arrest, it should be available pre-arrest as well. |
| Summary |
The case revolves around a criminal bail application concerning a shooting incident involving multiple parties. The applicants sought pre-arrest bail citing discrepancies in the FIR and the existence of a counter-FIR. The court carefully analyzed the situation, emphasizing the need to ascertain who was the aggressor in the altercation. The judgment highlighted the importance of evidence consistency and the implications of counter-cases in bail decisions. The ruling underscores the principle that pre-arrest bail should be granted when reasonable doubt exists regarding the prosecution's case. This case is significant for its exploration of the complexities surrounding bail applications in the context of violent disputes, and it serves as a reference for future cases involving similar legal principles. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Salman Hamid
|
| Lawyers |
Shahbaz Ali M. Brohi,
Naimatullah Bhurgri
|
| Petitioners |
Hayat,
Hafiz Ahmed Bux,
Hafiz Ahmed,
Imdad,
Muhammad Moosa
|
| Respondents |
The State
|
| Citations |
2012 SLD 949,
2012 YLR 747
|
| Other Citations |
Mst. Shafiqan v. Hashim Ali and another 1972 SCMR 682,
Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 391
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
498A,
34,
324,
429
|