| Case ID |
227acfda-f97f-4427-a9ee-7125e19d4079 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Bail Application No.S-58 of 2012 |
| Decision Date |
Feb 24, 2012 |
| Hearing Date |
|
| Decision |
The bail application of the applicant, Muhammad Ali, was dismissed by the Sindh High Court. The court found that the applicant was involved in a heinous crime of abduction, supported by the FIR and the statements of witnesses. The complainant's claims were corroborated by evidence indicating that the applicant had a specific role in the kidnapping of the alleged abductee. The court noted the absence of reasonable grounds to believe that the applicant was not involved in the crime, and emphasized the common intention among the accused. The decision highlighted the seriousness of the allegations, and despite arguments regarding the absence of independent eyewitnesses, the established facts led to the conclusion that the applicant posed a flight risk, warranting the refusal of bail. |
| Summary |
In the case of Muhammad Ali Mazhar vs. The State, the Sindh High Court dealt with a criminal bail application concerning serious charges of abduction under Sections 365-B and 452 of the Penal Code. The applicant, Muhammad Ali, was implicated in a case where a woman, Mst. Farzana, was forcibly taken from her home by armed individuals, including the applicant. The court examined the FIR, which detailed the applicant's involvement and the specific role he played during the incident. Several key factors were considered, including the complainant's testimony, the lack of independent witnesses, and the corroborating statements from two eyewitnesses. The court concluded that the applicant's actions constituted a clear violation of the law and that he was part of a coordinated effort to commit the crime. The decision reinforced the legal principles surrounding common intention in criminal acts, noting that the applicant's presence and actions suggested a pre-arranged plan to abduct the complainant's wife. The refusal of bail reflects the court's commitment to maintaining justice in serious criminal offenses while ensuring that the rights of the accused are considered within the legal framework. Keywords: criminal law, bail application, abduction, common intention, Sindh High Court, serious charges, FIR. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALI MAZHAR
|
| Lawyers |
Not available
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 1130,
2012 PLD 272
|
| Other Citations |
Mst. Bakhtawar v. State 2003 YLR 2549,
Wazir Ali v. State 2008 PCr.LJ 1082,
Shoukat Ali v. State PLD 2007 SC 93,
Ali Imam v. State PLD 2007 SC 83
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
365-B,
452,
34
|