| Case ID |
2610f371-95f8-4386-8f75-48db92b659bf |
| Body |
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| Case Number |
Criminal Miscellaneous No.3460/B of 2009 |
| Decision Date |
Apr 16, 2009 |
| Hearing Date |
|
| Decision |
The bail application for Ashfaq alias Shakoo was dismissed due to improper identification procedures conducted by the S.H.O. of the Police Station, who failed to follow legal protocols during the investigation. The identification parade was held inside the police lock-up, which was deemed inadmissible and irrelevant as it compromised the integrity of the investigation. The court emphasized the need for adherence to the rule of law and criticized the investigator's failure to protect the administration of justice. The court found that the prosecution lacked sufficient evidence to support the robbery charge and highlighted the necessity for reform in investigative practices to prevent arbitrary exercises of power by police authorities. |
| Summary |
In the case of ASHFAQ alias SHAKOO vs. THE STATE, the Lahore High Court addressed significant issues regarding the administration of justice and the conduct of police investigations. The petitioner, accused of robbery under Section 392 of the Penal Code, sought bail after being arrested based on an improper identification parade conducted by the S.H.O. The court ruled that the identification conducted inside the police lock-up was unlawful, compromising the integrity of the investigation and rendering the evidence inadmissible. The decision emphasized the importance of lawful procedures in criminal investigations, asserting that the failure of the police to adhere to these protocols adversely affected the prosecution's case. The court underscored the need for reforms to eliminate arbitrary practices and ensure the supremacy of law in the criminal justice system, ultimately dismissing the bail application due to the lack of credible evidence against the petitioner. This ruling serves as a crucial reminder of the necessity for police accountability and the adherence to legal standards in the pursuit of justice. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Kazim Ali Malik
|
| Lawyers |
Malik Muhammad Arif Bara,
Muhammad Iqbal Chaudhry,
Muhammad Azam
|
| Petitioners |
ASHFAQ alias SHAKOO
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3439,
2009 PCRLJ 889
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
392
|