| Case ID |
22c6661f-dca9-4346-8a87-db2876cef2a4 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 11632/CB of 2009 |
| Decision Date |
Nov 12, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court decided to cancel the bail granted to the respondent, Mudassar Ali, based on multiple factors. The petitioner, Dr. Khalid Aziz, argued that the respondent was armed with a dagger and had inflicted serious injuries on his wife, Mst. Sonia, which prima facie constituted several offenses under the Penal Code. The court noted that earlier bail applications had been dismissed and emphasized that the respondent's age was misrepresented in the trial court's decision to grant bail. The court found that the trial court had not justified the grant of bail, especially since the respondent was over 21 years old at the time of the incident, contrary to the claim of juvenility. The court ultimately ruled that the bail should be cancelled due to the severity of the allegations and the failure of the trial court to consider the earlier rejections of bail applications. |
| Summary |
This case revolves around the cancellation of bail for Mudassar Ali, who was accused of serious offenses under the Penal Code, including attempted murder and mischief. The petitioner, Dr. Khalid Aziz, contended that the respondent had attacked his wife with a dagger, resulting in life-threatening injuries. The Lahore High Court found that the trial court had erred in granting bail without proper consideration of the facts, including the severity of the injuries and the respondent's actual age. The case highlights critical aspects of bail law under the Criminal Procedure Code and the implications of misrepresentation in court. The decision reinforces the importance of judicial scrutiny when granting bail in serious criminal cases, ensuring that justice is upheld and victims' rights are protected. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ AHMAD CHAUDHRY, JUSTICE
|
| Lawyers |
Mian Pervez Hussain for Petitioner,
Mian Ismatullah D.P.G. with Syed Hammad Raza. S.I. for the State,
Ch. Shaukat Ali Javed for Respondent
|
| Petitioners |
DR. KHALID AZIZ
|
| Respondents |
ANOTHER,
MUDASSAR ALI
|
| Citations |
2010 SLD 2836,
2010 PCRLJ 1117
|
| Other Citations |
2005 PCr.LJ 431,
PLD 1995 SC 34
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
324,
337-C,
337-A(ii),
337-A(iii),
337-F(i),
337-F(ii),
427,
34
|