| Case ID |
259207a6-d211-4494-90b9-3c50a4cab266 |
| Body |
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| Case Number |
Criminal Bail Application No.71 of 2009 |
| Decision Date |
Mar 26, 2009 |
| Hearing Date |
|
| Decision |
The applicant, Syed Iqrar Shah, applied for post-arrest bail in F.I.R. No.437 of 2008, under section 302, 34, P.P.C. The court found that the case was based on circumstantial evidence and that the legal heirs of the deceased had pardoned the accused. The prosecution's evidence was insufficient to implicate the applicant in the commission of the crime. Considering these factors, the court concluded that the applicant was entitled to bail, subject to the submission of a solvent surety in the sum of Rs.1,00,000 and a P.R. bond of the same amount. |
| Summary |
In the case of Criminal Bail Application No.71 of 2009, decided by the Sindh High Court on March 26, 2009, the court addressed the bail application of Syed Iqrars Shah, accused in a murder case under sections 302 and 34 of the Penal Code. The decision focused on the principles of circumstantial evidence and the implications of a pardon by the legal heirs of the deceased. The court emphasized that the prosecution's evidence, primarily a confessional statement and a recovery of a trolley, was not sufficient to establish guilt. The ruling highlighted the need for a clear link between evidence chains in circumstantial cases and affirmed the applicant's right to bail due to the lack of direct evidence against him. This case underscores the importance of legal representation and the rights of accused individuals within the judicial process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mrs. Qaiser Iqbal, J
|
| Lawyers |
Waqar Shah,
Muhammad Arif Niazi,
Iqbal Ahmed Kalhoro
|
| Petitioners |
Syed IQRAR SHAH
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3412,
2009 PCRLJ 845
|
| Other Citations |
Noor Muhammad v. Muhammad Iqbal 1997 Cr.LJ 561,
Muhammad Shafat v. The State 2004 PCr.LJ 864
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302/34
|