| Case ID |
204885e8-f35e-46c7-818e-996d08b0a9ee |
| Body |
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| Case Number |
Criminal Miscellaneous No. 27 of 2020 |
| Decision Date |
Mar 12, 2020 |
| Hearing Date |
Mar 11, 2020 |
| Decision |
The petition for bail was dismissed as the accused were directly named in the FIR with specific roles in the crime, which was corroborated by eyewitness testimony. The court emphasized that the rule of consistency does not apply if the accused are not entitled to bail on merits, and the specific facts of each case are crucial in determining bail eligibility. The court found no merit in the petitioners' claims of innocence, given the evidence against them, and upheld the decision of the lower court. |
| Summary |
In the case of Criminal Miscellaneous No. 27 of 2020, the petitioners sought post-arrest bail under section 497 of the Criminal Procedure Code after their initial bail application was denied. The case involved serious charges under sections 302 and 34 of the Penal Code, pertaining to murder and common intention. The court noted that the FIR explicitly named the petitioners as perpetrators of the crime, supported by eyewitness accounts. The ruling underscored the importance of evidence and the limitations of the rule of consistency in bail applications. The court concluded that the petitioners were not entitled to bail based on the merits of the case. This case highlights critical aspects of criminal law and procedural dynamics, particularly regarding bail in serious offenses. Legal practitioners must carefully analyze the conditions under which bail can be granted, considering both the nature of the charges and the evidence presented. The emphasis on facts and specific case circumstances serves as a reminder of the nuanced nature of legal proceedings, particularly in criminal matters. Keywords such as 'bail application', 'criminal law', and 'murder charges' are essential for understanding the implications of this case. |
| Court |
Not Specified
|
| Entities Involved |
Not available
|
| Judges |
ALI BAIG, JUSTICE
|
| Lawyers |
Raja Shakeel Ahmed,
Shamsuddin,
Umar Hussain,
Deputy Advocate General,
Shabbir Hussain,
Shahidullah,
Wazir Kamran
|
| Petitioners |
ANOTHERS,
MOHAMMAD NAWAB
|
| Respondents |
THE STATE
|
| Citations |
2021 SLD 1751,
2021 PCRLJ 759
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
34
|