| Case ID |
252cf8e8-3168-4236-bd07-03b8003c384e |
| Body |
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| Case Number |
Criminal Bail Application No. 657 of 1976 |
| Decision Date |
Jun 25, 1976 |
| Hearing Date |
|
| Decision |
The court granted bail to the applicant Mohsin in the sum of Rs. 15,000 with one surety and P.R. in the like amount to the satisfaction of the Nazir of this Court or V Additional Sessions Judge, Karachi. The decision was based on the inconsistency between the ocular evidence and the medical evidence regarding the injuries sustained by the deceased, Saadat Ali. The court emphasized that it would be the prosecution's responsibility to explain these discrepancies at trial. The court found that the evidence presented did not substantiate the claims against the applicant, thereby justifying the grant of bail. |
| Summary |
This case revolves around a bail application concerning the murder of Saadat Ali, where the applicant, Mohsin, along with co-accused, was charged under sections 302 and 34 of the Pakistan Penal Code. The incident occurred following a quarrel, leading to the deceased being attacked with a knife and an iron rod. The key issue in the bail application was the inconsistency between the testimonies of eyewitnesses and the medical evidence. The court acknowledged that the medical report did not support the claims of the witnesses regarding the injuries inflicted on the deceased. The court highlighted the importance of resolving these discrepancies during the trial, ultimately deciding to grant bail. This case emphasizes the significance of coherent evidence in criminal proceedings and the legal standards for granting bail, particularly in serious offenses like murder. |
| Court |
Sindh High Court
|
| Entities Involved |
Saadat Ali,
Iqbal,
Mst. Nadir,
Khalid Ali,
Najamuddin,
Tasleem,
Abdul Basit,
Ehsan Maqsood,
Majeed Hussain,
Muhammad Haji Islam
|
| Judges |
ZAFFAR HUSSAIN MIRZA, J
|
| Lawyers |
,
Learned Assistant Advocate-General
|
| Petitioners |
Mohsin
|
| Respondents |
The State
|
| Citations |
1977 SLD 1791,
1977 PCRLJ 159
|
| Other Citations |
Ghulam alias Gammoon and others v. The State (1970 P Cr. L J 642)
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
302,
34,
497
|