| Case ID |
1fc6deb5-7075-418f-92cf-8b7028f494ec |
| Body |
View case body. Login to View |
| Case Number |
Cr. Bail Application No. 1431 of 2015 |
| Decision Date |
Dec 04, 2015 |
| Hearing Date |
Dec 04, 2015 |
| Decision |
The court allowed the bail application of the applicant, Imran Rasheed, after considering the weak nature of the evidence against him. The prosecution's case relied heavily on an extra-judicial confession that was deemed inadmissible under the Qanun-e-Shahadat, 1984. Furthermore, the recovery of a pistol from the accused's possession occurred four years and ten months after the alleged crime, raising concerns about the reliability of this evidence. The court highlighted the absence of direct evidence linking the accused to the murder, thus falling within the ambit of further inquiry as per section 497(2) of the Criminal Procedure Code. Bail was granted, subject to the applicant providing a solvent surety of Rs. 2,00,000/- and a P.R. Bond in like amount, emphasizing that the observations made were tentative and would not influence the trial court's final decision. |
| Summary |
In the case of Imran Rasheed, who sought post-arrest bail in connection with a murder charge, the Sindh High Court examined the admissibility of the evidence presented by the prosecution. The case revolved around the alleged murder of Naseebullah, where the main evidence against the accused was an extra-judicial confession and the recovery of a .30 bore pistol. The court found the prosecution's evidence to be insufficient, particularly as the confession was not admissible under the Qanun-e-Shahadat, 1984, and the recovery of the pistol was delayed, raising doubts about its authenticity. As a result, the court determined that the case warranted further inquiry, leading to the granting of bail. This decision underscores the importance of substantial and admissible evidence in criminal proceedings and reflects the court's commitment to ensuring justice. Keywords: bail application, criminal law, evidence, extra-judicial confession, admissibility, Sindh High Court, murder charge, Qanun-e-Shahadat. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ZAFAR AHMED RAJPUT
|
| Lawyers |
Muhammad Latif-ud-Din,
Muntazir Mehdi
|
| Petitioners |
IMRAN RASHEED
|
| Respondents |
The STATE
|
| Citations |
2016 SLD 3115,
2016 MLD 862
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
497(2),
302,
38,
39
|