| Case ID |
227d6f7c-1416-4550-8a2f-3f26c197dbd7 |
| Body |
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| Case Number |
Criminal Bail Application No. 311 of 1999 |
| Decision Date |
Jul 22, 1999 |
| Hearing Date |
|
| Decision |
The Balochistan High Court denied bail to the applicants, MEHRULLAH and others, involved in a case under sections 324/34 of the Penal Code. The court found that the applicants were prima facie involved in the commission of the offense, as they were armed and engaged in indiscriminate firing. The court highlighted that the mere possibility of further inquiry was not sufficient for granting bail under section 497 of the Criminal Procedure Code. The presence of the applicants at the scene and the evidence against them led the court to conclude that they could not be granted bail at this stage. The trial was ordered to commence, allowing the applicants to request bail again after the recording of evidence. |
| Summary |
This case revolves around a criminal bail application where the Balochistan High Court addressed serious allegations against MEHRULLAH and his co-accused, who were charged under sections 324 and 34 of the Penal Code. The court emphasized the importance of analyzing evidence presented during the bail hearing, noting the gravity of the offense involving armed violence. The applicants' claim for bail was contested vigorously by the prosecution, citing the potential threat to public safety and the serious nature of the charges. This case illustrates the judicial process in determining bail, particularly when serious offenses are involved, and highlights the significance of the common intention doctrine in criminal law. The ruling underscores the necessity for a thorough assessment of evidence at the bail stage, reinforcing the principle that bail is a privilege, not a right, especially in cases involving violent crimes. Keywords: criminal law, bail application, common intention, armed violence, Balochistan High Court. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHARY, CHIEF JUSTICE,
FAZAL-UR-REHMAN, JUSTICE
|
| Lawyers |
Mr. Riaz Ahmad,
Mr. Noor Muhammad Achakzai
|
| Petitioners |
ABDUL RASHID,
MEHRULLAH,
HAJI KHAN
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 1215,
1999 PLD 88
|
| Other Citations |
PLD 1991 SC 923,
PLD 1986 SC 118,
PLD 1988 SC 621,
1998 SD 32,
PLD 1995 SC 34,
1993 PCr.LJ 623,
1996 PCr.LJ 1612
|
| Laws Involved |
Penal Code,
Criminal Procedure Code
|
| Sections |
34,
324,
497
|