| Case ID |
21e6dc77-2d88-48a4-9b12-51337b39be68 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1036/B of 2002/BWP |
| Decision Date |
Nov 01, 2002 |
| Hearing Date |
|
| Decision |
The petitioner, Shoukat Ali alias Madh, sought post-arrest bail in a case concerning robbery and abetment. The Lahore High Court considered the investigations conducted by the police, which concluded that the petitioner was not present at the scene of the alleged offense and had only abetted the crime. No recovery was made from the petitioner, and the evidence against him was insufficient. The court noted that the opinion of the police, while not binding, was relevant for bail considerations. The petitioner was not a previous convict, and co-accused were found innocent. Therefore, the court admitted the petitioner to bail, requiring a bond of Rs. 1,00,000. |
| Summary |
In the case of Shoukat Ali alias Madh vs. The State, the Lahore High Court addressed the issue of bail under the Criminal Procedure Code and Penal Code. The court focused on the lack of evidence against the petitioner, who was accused of robbery. Despite being named in the FIR, investigations revealed that he was not present during the crime, leading to the conclusion that he merely abetted the offense. The court emphasized the importance of thorough inquiry and the principle of reasonable doubt in criminal cases. The decision underscored the judicial responsibility to ensure that individuals are not wrongfully detained without sufficient evidence. The case highlights key legal principles regarding bail, including the necessity for credible evidence and the significance of the police's investigative findings. The outcome serves as a reminder of the need for due process in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD FARRUKH MAHMUD, J
|
| Lawyers |
Chaudhry Masood Ahmad Bajwa,
Syed Niaz Ahmad Shah,
Chaudhry Muhammad Ashraf Mohandra
|
| Petitioners |
SHOUKAT ALI alias MADH
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1244,
2003 PCRLJ 1240
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
392,
411,
109
|