| Case ID |
201d2e42-78fd-47f8-8ff5-1cccac27931c |
| Body |
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| Case Number |
Criminal Bail Applications Nos. D-197 and D-1006 o |
| Decision Date |
May 04, 2020 |
| Hearing Date |
Apr 27, 2020 |
| Decision |
The bail application of the applicant, Sheeraz, was allowed based on the lack of substantial evidence against him. The court noted that the identity of the accused was not sufficiently established in the FIR, and the role assigned to the accused was of a general nature. The existence of reasonable grounds for believing guilt was not met, especially since no crime weapon was recovered from the applicant. The decision emphasized the principle of liberty, asserting that it is a precious right guaranteed by the Constitution. The court also highlighted the importance of consistency in granting bail, noting that co-accused had been granted bail under similar circumstances. The applicant was released on bail subject to the provision of a solvent surety. |
| Summary |
In the case regarding the bail applications of Sheeraz under Criminal Procedure Code and Penal Code, the Sindh High Court deliberated on the implications of bail in serious criminal charges, including murder and attempted murder. The court examined the FIR's content, ruling that the allegations against Sheeraz lacked substantiation, as the source of identity was not disclosed. The court underscored the necessity for evidence beyond mere mention of names in the FIR, emphasizing that liberty during the trial is paramount. The judgment reinforced the legal principle that involvement in prior criminal cases does not automatically disqualify a defendant from bail. This decision serves as a critical reference for future bail applications, particularly in cases where the evidence presented does not meet the threshold for reasonable grounds of guilt. Keywords include 'bail application', 'criminal procedure', 'Sindh High Court', 'murder charges', and 'constitutional rights'. |
| Court |
Sindh High Court
|
| Entities Involved |
Police Station Pak Colony, Karachi,
Agha Khan Hospital
|
| Judges |
SALAHUDDIN PANHWAR, JUSTICE,
ZULFIQAR ALI SANGI, JUSTICE
|
| Lawyers |
Lal Hussain Shah for Applicant,
Abrar Hussain Khichi, DPG for the State
|
| Petitioners |
Sheeraz
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 401,
2021 MLD 292
|
| Other Citations |
Nadeem Burney v. The State 1999 MLD 1259,
Fazil Khaliq alias Hafiz v. The State through Advocate-General, N.W.F.P. Peshawar and another 1996 SCMR 364,
Muhammad Shakeel v. The State and others PLD 2014 SC 458,
Moundar and others v. The State PLD 1990 SC 934,
Muhammad Rafique v. The State 1997 SCMR 412
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
353,
34
|