| Case ID |
205c20d5-60df-4460-b902-fd379a70240b |
| Body |
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| Case Number |
Criminal Miscellaneous (BA) No. 652-A with Crimina |
| Decision Date |
Jul 02, 2021 |
| Hearing Date |
Jun 28, 2021 |
| Decision |
The case revolves around the grant of bail for the accused, who was alleged to have made anti-State comments. The court emphasized the necessity of further investigation into the guilt of the accused, underlining that the sections of law invoked required deeper scrutiny. The court noted that the provisions of the Criminal Procedure Code allow for bail in such offenses unless compelling reasons justify refusal. The decision ultimately favored the accused, allowing for bail based on reasonable grounds for further inquiry into the prosecution's case. |
| Summary |
This case from the Peshawar High Court addresses critical issues surrounding bail in the context of anti-State allegations. The court's decision highlights the balance between the rights of the accused and the prosecution's burden of proof. The legal principles cited involve significant sections from the Criminal Procedure Code and the Penal Code, as well as the Anti Terrorism Act. The ruling sets a precedent for future cases involving similar allegations, emphasizing the need for thorough investigations before concluding guilt. With the increasing relevance of anti-terrorism laws, this case underscores the importance of safeguarding civil liberties while addressing national security concerns. Keywords: bail, anti-State comments, legal principles, prosecution, civil liberties, national security. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD, J
|
| Lawyers |
Not available
|
| Petitioners |
Mufti KIFAYAT ULLAH
|
| Respondents |
The STATE and another
|
| Citations |
2023 SLD 452 = 2023 PCRLJ 100
|
| Other Citations |
Hazrat Wali v. The State 2008 PCr.LJ 611,
Muhammad Tanveer v. The State PLD 2017 SC 733
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Anti Terrorism Act, 1997
|
| Sections |
497,
506,
505,
503,
153-A,
131,
124-A,
120-A,
120-B,
188,
6,
7,
11
|