| Case ID |
26080c2b-1ea6-4227-aa74-43d886094fdc |
| Body |
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| Case Number |
Criminal Bail Applications Nos.295 and 397 of 2000 |
| Decision Date |
Mar 21, 2001 |
| Hearing Date |
|
| Decision |
The court refused bail to the accused, Hafiz Ghulam Akbar, based on the strong evidence presented by the prosecution, including the FIR promptly lodged detailing the involvement of the accused in the crime. The court noted that the prosecution witnesses, including five injured parties, corroborated the prosecution's case. The plea of alibi presented by the applicant was deemed insufficient at this stage, as it required deeper scrutiny that could only be conducted during the trial. The court emphasized that it is not bound by the police's findings and that the evidence against the applicant warranted the denial of bail. |
| Summary |
In the case of Hafiz Ghulam Akbar vs. The State, the Sindh High Court dealt with criminal bail applications concerning serious charges under the Penal Code. The court analyzed the evidence presented, emphasizing the importance of the FIR and eyewitness testimonies that implicated the accused. The decision highlighted the legal principles governing bail applications, particularly the necessity for a thorough examination of the evidence during the trial phase. The ruling reinforced that courts are not obliged to accept police findings at face value, ensuring that justice is served based on substantive evidence rather than procedural technicalities. This case serves as a critical reference point for future bail applications in serious criminal matters, illustrating the judiciary's commitment to uphold the rule of law and the rights of victims. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ANWAR ZAHEER,
JAMALI,
ZIA PERVEZ
|
| Lawyers |
Abdul Sattar Kazi,
Jawed Akhtar
|
| Petitioners |
Hafiz GHULAM AKBAR
|
| Respondents |
THE STATE
|
| Citations |
2001 SLD 1214,
2001 PCRLJ 1719
|
| Other Citations |
1970 SCMR 299,
1982 SCMR 440,
1984 SCMR 429,
1997 SCMR 1829,
1977 SCMR 27,
PLD 1974 SC 83,
1984 SCMR 221,
1996 SCMR 931,
1985 SCMR 1314,
PLD 1998 SC 97,
1988 SCMR 1428,
Nazar Muhammad v. The State and another PLD 1978 SC 236,
Safdar Abbas and 2 others v. The State PLD 1987 SC 467
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
114,
148,
149
|