| Case ID |
2239c3c7-59dd-43bb-892e-20a80e060705 |
| Body |
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| Case Number |
Crl. Misc. No. 1982-B of 2009 |
| Decision Date |
Dec 16, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioners based on the principle of consistency and the notion that their cases required further inquiry. The court emphasized the need for equal treatment among accused persons with similar roles and noted that the petitioners were not named in the FIR, which raised questions about their involvement. The decision highlighted that the absence of direct evidence against the petitioners and the reliance on supplementary statements made their cases suitable for bail. The court dismissed the petition regarding Gul Muhammad as withdrawn and allowed bail for the other petitioners upon the submission of bail bonds. |
| Summary |
In the Lahore High Court case Crl. Misc. No. 1982-B of 2009, the court addressed the principle of bail under the rule of consistency, allowing the petitioners to be granted bail based on their similar roles to co-accused who had previously been granted bail. The case involved serious charges under the Pakistan Penal Code, including murder and attempted murder, stemming from a violent incident where multiple individuals were accused of firing shots resulting in a death. The court recognized the need for equal treatment under the law, as enshrined in the Constitution of Pakistan, and determined that the petitioners were not named in the FIR, which necessitated further inquiry into their alleged roles. The court's decision to grant bail reflects the importance of fair legal representation and the judicial system's commitment to uphold the rights of individuals. The case underscores the significance of due process and the evaluation of evidence in determining the appropriateness of bail, particularly in serious criminal matters. This ruling serves as a precedent for similar cases where the issue of vicarious liability and the rights of accused individuals are concerned, providing clarity on the judicial approach to bail applications in Pakistan. Keywords: bail, legal representation, Pakistan Penal Code, judicial system, due process, constitutional rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Police Station Saddar Ahmadpur East District Bahawalpur
|
| Judges |
Sardar Tariq Masood
|
| Lawyers |
Mr. Muhammad Akram Qureshi,
Malik Sadiq Mehmood Khurram,
Ch. Haq Nawaz,
Mr. Muhammad Sharif Bhatti,
Mr. Muhammad Afzal Watto
|
| Petitioners |
Muhammad Ramzan,
Gul Muhammad,
Haq Nawaz,
Sajjad Ahmad,
Mumtaz Ahmad,
Riaz Ahmad
|
| Respondents |
State
|
| Citations |
2010 SLD 855,
2010 PLJ 292
|
| Other Citations |
1979 SCMR 09,
1983 SCMR 124,
PLJ 1999 Cr.C. Lahore. 570,
2008 SCMR 173
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Penal Code, (XLV of 1860),
Criminal Procedure Code, 1898 (V of 1898)
|
| Sections |
Art. 25,
Ss. 302,
Ss. 324,
Ss. 337-H(ii),
Ss. 148,
Ss. 149,
S. 497
|