| Case ID |
2522683b-19ce-4449-8f58-2d4add71f7fa |
| Body |
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| Case Number |
Criminal Bail Application No.557 of 2007 |
| Decision Date |
Mar 12, 2008 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted bail to the applicant Sohrab, who was accused under sections 302, 324, 114, 147, and 149 of the Penal Code. The court considered the applicant's advanced age of 73/74 years and his physical weakness as significant factors. It was noted that the applicant was empty-handed at the time of the incident, and the only role attributed to him was that of instigation. The court found that the matter required further inquiry regarding the applicant's vicarious liability for the alleged offense. The Assistant Advocate-General for the State did not object to the bail application, leading to the decision that the applicant was entitled to bail under the circumstances. |
| Summary |
This case revolves around the bail application of Sohrab, who is accused of serious offenses, including murder and attempted murder. The Sindh High Court, presided over by Justice Abdur Rahman Faruq Pirzada, considered multiple factors, including the age and health of the applicant. The applicant's defense argued that he played no direct role in the alleged crimes, as he was empty-handed during the incident and only instigated the co-accused. The court emphasized the importance of evidence in determining vicarious liability, which could not be established at the bail stage. The Assistant Advocate-General's lack of objection to the bail request further influenced the court's decision. This ruling underscores the legal principles surrounding bail, particularly in cases involving elderly defendants and the necessity for a thorough examination of all circumstances before concluding vicarious liability. The decision aligns with previous case law that advocates for further inquiry in similar situations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Abdur Rahman Faruq Pirzada, J
|
| Lawyers |
Asif Ali Abdul Razzak Soomro for Applicant,
Ishtaq Ahmed Abbasi Asstt. A.-G. for the State
|
| Petitioners |
Sohrab
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 6914,
2008 PCRLJ 772
|
| Other Citations |
Mumtaz Hussain and 5 others v. The State 1996 SCMR 1125,
Attaullah and 3 others v. The State 1999 SCMR 1320,
Rajib and 2 others v. The State 2001 PCr. LJ 701,
Faraz Akram v. The State 1999 SCMR 1360,
Muhammad v. The State 1998 SCMR 454,
Shafi Muhammad v. The State 1999 PCr.LJ 890,
Rajib and 2 others v. The State 2001 PCr.LJ 705
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302,
324,
114,
147,
149
|