| Case ID |
23031e72-a095-401e-acf5-472fb5dc3eac |
| Body |
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| Case Number |
Crl. Misc. No. 188-B of 2019 |
| Decision Date |
Feb 07, 2019 |
| Hearing Date |
|
| Decision |
The application for pre-arrest bail was allowed and the ad-interim pre-arrest bail granted to the petitioners was confirmed. The court noted that there was an unexplained delay of two days in reporting the incident, no eyewitnesses were present, and the allegations were general in nature. It was difficult to ascertain from the record whether the theft was committed by the petitioners. They cooperated with the investigation, and nothing was recovered from them, including the estimated cost of the stolen crop being Rs. 5000. The petitioners had no prior record, which supported their claim as first offenders. The court concluded that there was no evidence of mala fide or misuse of pre-arrest bail. |
| Summary |
This case revolves around the petitioners, Mst. Naseer Bibi and Mst. Naseem Akhtar, who sought pre-arrest bail in connection with FIR No. 466 dated 16.10.2018 under sections 379 and 440 of the Pakistan Penal Code. The Lahore High Court ruled in their favor, highlighting critical aspects of the legal process, including the importance of eyewitness accounts and the need for concrete evidence in theft allegations. The court emphasized the lack of direct evidence against the petitioners and acknowledged their cooperation with the investigation. This case serves as a significant reference in understanding the nuances of pre-arrest bail in criminal proceedings, particularly in cases where the evidence is circumstantial and the allegations are vague. Key legal principles from the Criminal Procedure Code and the Pakistan Penal Code are involved, making this case a notable example for future references in similar legal contexts. It stresses the judicial consideration of the rights of the accused and the procedural safeguards in place to prevent wrongful detention. Legal practitioners and scholars alike can benefit from studying this case for its implications on pre-arrest bail and evidential standards in criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Ahmed Naeem
|
| Lawyers |
Mr. Faisal Aziz Ch.,
Ms. Asmat Parveen,
Malik Muhammad Majid Shahbaz Khokhar
|
| Petitioners |
Mst. Naseer Bibi,
Mst. Naseem Akhtar
|
| Respondents |
Another,
State
|
| Citations |
2019 SLD 988,
2019 PLJ 374
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
379,
440
|