| Case ID |
1fdcca1b-4347-47ae-b216-0fd1260affd5 |
| Body |
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| Case Number |
Criminal Bail Application No. 1105 of 2012 |
| Decision Date |
Dec 10, 2012 |
| Hearing Date |
Dec 03, 2012 |
| Decision |
The Sindh High Court granted bail to the applicant, Mst. Mariyam, stating that there were significant delays in the recording of the FIR and the statements of the witnesses. The court noted that the applicant was not nominated in the FIR, and the evidence against her, including an alleged extra-judicial confession, needed further inquiry. The court emphasized that the applicant was a mother of a suckling baby, which further warranted her release on bail. The decision highlighted the importance of timely evidence and the rights of individuals, particularly those with dependents, in the bail process. |
| Summary |
In the case of Mst. Mariyam vs. The State, the Sindh High Court dealt with a bail application under Section 497 of the Criminal Procedure Code. The applicant was implicated in a serious charge of murder (Qatl-a-amd) but was not named in the initial FIR. The court considered various factors, including delays in the FIR and witness statements, which raised concerns about the reliability of the prosecution's case. The applicant's status as a mother of a young child was also a critical factor in the decision to grant bail. The ruling underscores the legal principle that individuals should not be deprived of their liberty without compelling evidence and timely judicial processes. This case serves as a significant reference for future bail applications, especially those involving vulnerable individuals and procedural delays. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL RASOOL MEMON, J
|
| Lawyers |
Shamraiz Khan Tanoli,
Ghulam Sarwar Bohio,
Muhammad Iqbal Awan
|
| Petitioners |
Mst. MARIYAM
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2355,
2013 PCRLJ 1448
|
| Other Citations |
Muhammad Arif v. The State 1997 SCMR 462,
Muhammad Suleman v. Riasat Ali and another 2002 SCMR 1304,
Mehmood Ahmed and 3 others v. The State and another 1995 SCMR 127,
Allah Ditta v: The State and others 2012 SCMR 184,
Mst. Gul Khatoon alias Gukki and others v. The State 2010 PSC (Crl.) 742,
Syed Maqbool Muhammad v. The State 2005 SCMR 635,
Shahzaman and 2 others v. The State and another PLD 1994 SC 65,
Aamir v. The State 2007 MLD 1749,
Gulzar Khoso v. The State 2006 PCr.LJ 1984,
Abdul Malik v. The State 2000 PCr.LJ 1816,
Mst. Nusrat v. The State 1996 SCMR 973
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302/34
|