| Case ID |
204b0852-01d8-4ef9-82f6-10f2480c34cd |
| Body |
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| Case Number |
Criminal Bail Application No. 224 of 2003 |
| Decision Date |
May 06, 2003 |
| Hearing Date |
May 06, 2003 |
| Decision |
The applicants were granted bail due to several factors, including the delay in the identification test, which took place ten days post-arrest without a plausible explanation. The joint identification test did not specify the role of each accused, and no firearms were recovered, only Lathis. The complainant's identification was based on hearsay, which diminished its reliability. The State did not object to the bail application. Consequently, the court allowed the bail for the applicants upon the provision of surety and execution of a P.R. bond. |
| Summary |
In the case of Criminal Bail Application No. 224 of 2003, the Sindh High Court addressed the bail plea of applicants accused under various sections of the Criminal Procedure Code and the Offence of Qazf Ordinance. The court scrutinized the identification test conducted after a significant delay of ten days, which raised questions regarding its validity. The absence of firearms and reliance on hearsay evidence further weakened the prosecution's case. As a result, the court granted bail to the applicants, emphasizing the need for a thorough inquiry into the circumstances of the case. This decision underscores the importance of procedural integrity and the necessity of a fair trial in the criminal justice system. The case highlights critical aspects of criminal law, including the implications of identification procedures and the assessment of evidence in bail applications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAHID BUX BROHI
|
| Lawyers |
Khalid Iqbal Memon,
Ali Azhar Tunio
|
| Petitioners |
ANOTHER,
BADLO
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2873 = 2004 PCRLJ 157
|
| Other Citations |
Imamdin v. Pathan 2001 PCr.LJ 1892,
Shafique Ahmed v. The State 2002 PCr.LJ 518,
Mehmood Ahmed v. The State 1995 SCMR 127
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Penal Code (XLV of 1860)
|
| Sections |
497,
17(2),
17(4),
396
|