| Case ID |
203a3e10-3ab9-44f5-8fb9-2419c847b472 |
| Body |
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| Case Number |
Criminal Miscellaneous Nos.993 and 1107 of 2007 |
| Decision Date |
Feb 04, 2008 |
| Hearing Date |
|
| Decision |
The court dismissed the bail cancellation application filed by Mst. Salma Bibi against Nazeef Khan, holding that he was only charged with the role of 'Lalkara' and no overt act was attributed to him. The evidence presented did not sufficiently demonstrate misuse of bail privileges. However, it was determined that Haleem Khan, who was directly charged with firing, was correctly denied bail by lower courts. On the other hand, Ibrahim Khan was granted bail due to lack of direct involvement in the firing, supported by his age and role in the incident. The case emphasized the necessity of strong evidence for bail cancellation and the distinct roles of co-accused in determining eligibility for bail. |
| Summary |
This case from the Peshawar High Court revolves around the bail applications of Haleem Khan and Ibrahim Khan, accused in a murder case involving the death of Abdul Haq. The court examined various legal aspects under the Criminal Procedure Code, the Penal Code, and the West Pakistan Arms Ordinance. It highlighted the importance of distinguishing between the roles of co-accused in a criminal act and the legal implications of their actions on bail applications. The decision also stressed the need for substantial evidence in cases of bail cancellation, especially in instances where the accused are alleged to have misused their bail privileges. The outcome underscores the critical balance between the rights of the accused and the gravity of the offenses charged, making it a significant reference for future bail-related jurisprudence. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Alam Khan, J
|
| Lawyers |
Sahibzada Asad Ullah,
Saeed Khan, A.A.-G.
|
| Petitioners |
,
Haleem Khan
|
| Respondents |
THE STATE,
|
| Citations |
2009 SLD 3278,
2009 PCRLJ 176
|
| Other Citations |
Tariq Zia v. The State 2003 SCMR 958,
Muhammad Asad v. State 2004 YLR 1732,
Mazhar Ali v. State 2007 PCr.LJ 925,
Kamran Haider v. The State 1996 PCr.LJ 1902,
Imtiaz Ahmad and others v. The State PLD 1997 SC 545,
Munawar v. The State 1981 SCMR 1092,
Shah Muhammad v. The State 1999 PCr.LJ 1105,
Noroz Khan v. The State 1999 PCr.LJ 698,
Shahid v. The State 1994 SCMR 393,
Mahmood Akhtar and others v. Haji Nazir and others 1995 SCMR 310(b)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
West Pakistan Arms Ordinance (XX of 1965)
|
| Sections |
497(5),
302/324/34,
13
|