| Case ID |
26085323-4c01-4912-8bbc-e8cf991ec953 |
| Body |
View case body. Login to View |
| Case Number |
Cr.M.BA. No. 311-M of 2016 |
| Decision Date |
Aug 23, 2016 |
| Hearing Date |
|
| Decision |
The petition for bail was allowed due to the absence of specific roles assigned to the accused in the FIR and the substantial delay in the case proceedings. The judge acknowledged the reasonable explanation provided regarding the accused's prior detention by the Pak Army during military operations, which contributed to the delay in his arrest. Furthermore, the complainant submitted an affidavit expressing no objection to the bail. The court concluded that the case fell within the ambit of further inquiry, thus granting bail on the condition of furnishing sureties. |
| Summary |
In the case of Saeed Ahmad seeking bail from the Peshawar High Court, the petitioner was implicated in a serious criminal case involving murder and terrorism charges. The petition was filed following the denial of bail by the trial court. The High Court, after reviewing the FIR and the circumstances surrounding the case, found that while the petitioner was charged with murder, there was no specific evidence detailing his role in the crime. Notably, the petitioner had been detained by the Pak Army for an extended period, which the court considered a valid reason for his abscondence. The complainant's affidavit indicated no objection to the bail, further supporting the court's decision. Ultimately, the court ruled in favor of the petitioner, emphasizing that cases requiring further inquiry should grant bail as a right, not a privilege. This decision underscores the principles of justice and the importance of ensuring that individuals are not unjustly deprived of their liberty without sufficient evidence. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YOUNIS THAHEEM, J
|
| Lawyers |
Learned Counsel for Petitioner
|
| Petitioners |
Saeed Ahmad
|
| Respondents |
The State,
1 Another
|
| Citations |
2016 SLD 1857,
2016 PHC
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32,
Ehsan Ullah Vs The State (2012 SCMR 1137),
Muhammad Sadiq V. Sadiq and others (PLD 1985 SC 182),
Ibrahim V. Hayat Gul and others (1985 SCMR 382),
Qamar alias Mitho v. The State and others (PLD 2012 SC 222)
|
| Laws Involved |
Pakistan Penal Code,
Anti-Terrorism Act
|
| Sections |
302,
324,
148,
149,
7
|