| Case ID |
215dc7f3-d2cc-4afe-946b-6de4c308bbc5 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 109-A of 2013 |
| Decision Date |
Mar 08, 2013 |
| Hearing Date |
Mar 18, 2013 |
| Decision |
The court allowed the bail petition of Uzair Javed, stating that although he voluntarily confessed his guilt during the investigation, he was not named in the F.I.R. and no incriminating evidence had been recovered from him. The court emphasized the importance of further inquiry into the case, noting that the petitioner had been in custody since November 28, 2012, and that the lack of specific motive or prior convictions warranted the granting of bail. The court concluded that the petitioner should be released on bail upon furnishing bonds, as he was not deemed a danger to the public and further investigation was not required at this stage. |
| Summary |
This case revolves around the bail application of Uzair Javed, who was arrested in connection with an alleged attempt to commit murder under sections 324 and 109 of the Penal Code. The complainant, Gulzar Khan, reported that he was shot at by an unknown assailant, sustaining injuries that fell under the categories defined by sections 337-B and 337-C of the Penal Code. The court found that the prosecution lacked compelling evidence against Uzair Javed, particularly since he was not named in the F.I.R. and had been in custody for an extended period. The absence of a specific motive and the nature of the injuries sustained by the complainant led the court to conclude that the case required further inquiry, ultimately resulting in the granting of bail. This case highlights critical aspects of criminal procedure in Pakistan, including the rights of the accused, the burden of proof, and the judicial process surrounding the granting of bail. Keywords: bail application, criminal procedure, Pakistan Penal Code, further inquiry, judicial process. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMAD SETH, J
|
| Lawyers |
M. Shafique Awan,
Masood ur Rehman Tanoli,
M. Nawaz Khan Swati,
Iftikhar Khan Jadoon
|
| Petitioners |
Uzair Javed
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2575,
2013 YLR 1213
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Pakistan Arms Ordinance (XX of 1965)
|
| Sections |
497(2),
324,
109,
337-B,
337-C,
13
|