| Case ID |
25973dbf-3c98-4195-9696-b461343f89d7 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Petition No. 72-B of 2 |
| Decision Date |
May 21, 2013 |
| Hearing Date |
|
| Decision |
The bail petition was dismissed as the petitioner was neither charged nor arrested in the case. The court found no evidence implicating the petitioner in the ongoing investigation. The court emphasized that for a bail application to be entertained, the applicant must be either in custody or charged with a bailable or non-bailable offense. As the petitioner was not named in the FIR and was not in police custody, the court ruled that the petitioner's request for bail was not justified under the law. The decision highlighted the importance of adhering to the legal requirements set forth in sections 496, 497, and 498 of the Criminal Procedure Code, which govern bail procedures in Pakistan. |
| Summary |
The case revolves around the dismissal of a bail petition filed by the accused who was not charged in the FIR nor was he in police custody at the time of the application. The court elaborated on the legal principles governing bail, emphasizing that a person must be either arrested or implicated in a case for a bail application to be valid. The court noted that the petitioner was involved in other cases but had not been named in this particular case, which was a critical factor in the decision. The ruling underscored the procedural safeguards in place to protect individual liberties against arbitrary detention. The decision reinforced the legal framework provided by the Criminal Procedure Code, particularly sections 496 to 498, which delineate the conditions under which bail may be granted. The case serves as a significant reference point for future bail applications, particularly in situations where the accused is not in custody or has not been formally charged. Key legal terms such as bail, Criminal Procedure Code, and fundamental rights are crucial to understanding the implications of this case. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
Rooh-ul-Amin Khan
|
| Lawyers |
Khush Amir Khattak,
Ahmed Farooq Khattak
|
| Petitioners |
|
| Respondents |
The State and Anothers
|
| Citations |
2014 SLD 978,
2014 YLR 2305
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Arms Ordinance (XX of 1965),
Explosive Substances Act, 1908,
Pakistan Penal Code, 1860
|
| Sections |
496,
497,
498,
498A,
13,
5,
148,
149,
302,
324,
353
|