| Case ID |
2321f7e2-6c21-4c1d-a73d-4495db2c804c |
| Body |
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| Case Number |
Criminal Bail Applications Nos. 1622 and 1864 of 2 |
| Decision Date |
Aug 19, 2015 |
| Hearing Date |
Aug 10, 2015 |
| Decision |
The court dismissed the bail applications of both applicants, Sabir Hussain and Abid Hussain, stating that there were reasonable grounds to believe that they had committed the alleged offenses of murder and abetment. The court noted that sufficient material had been collected against the accused during the investigation, and the delay in lodging the FIR was not sufficient grounds for granting bail. The trial court was directed to decide the case within a specified time frame, ensuring that the applicants were not unjustly detained while also recognizing the serious nature of the allegations against them. The interim pre-arrest bail granted to Sabir Hussain was recalled, reinforcing the court's position on the necessity of a thorough investigation and trial. |
| Summary |
This case revolves around the serious allegations of murder and abetment involving the applicants Sabir Hussain and Abid Hussain, accused of setting fire to Abid's wife, leading to her death. The Sindh High Court, presided over by Justice Naimatullah Phulpoto, examined the evidence presented, including witness statements and the circumstances surrounding the FIR's delay. The court emphasized the importance of a detailed investigation, stating that the opinion of the Investigating Officer was not binding and that reasonable grounds for believing guilt existed. The decision underscores the court's commitment to upholding justice while balancing the rights of the accused against the severity of the alleged crime. Legal representation included advocates for both sides, and the decision sets a precedent in handling similar cases of domestic violence and murder. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAIMATULLAH PHULPOTO
|
| Lawyers |
Muhammad Arshad Mughal,
Moulvi Iqbal Haider,
Abrar Ali Khichi,
Khawaja Muhammad Azeem
|
| Petitioners |
SABIR HUSSAIN,
ABID HUSSAIN
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 3290,
2016 PCRLJ 1120
|
| Other Citations |
Qudrat Bibi v. Muhammad Iqbal 2003 SCMR 68,
Rana Muhammad Arshad v. Muhammad Rafiq PLD 2009 SC 427
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
498,
302,
109,
34
|