| Case ID |
261f5841-8092-4d64-931e-60358e3e8990 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1369-B of 2023 |
| Decision Date |
Jul 10, 2023 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioner, Sheer Muhammad, who was accused of possessing an explosive substance and being a member of a proscribed organization. The court found that there was no substantial evidence linking the petitioner to any anti-state activities or to the proscribed organization. The petitioner had been detained for over three months without any evidence presented against him, and the report under Section 173 of the Criminal Procedure Code had not been submitted in the trial court, indicating no likelihood of an early conclusion to the trial. Additionally, it was established that the petitioner was a juvenile, being under seventeen years old at the time of the alleged incident, which further justified the decision to grant bail. The petitioner was required to furnish bail bonds in the sum of Rs.200,000 with two sureties. |
| Summary |
In the case of SHEER MUHAMMAD vs. The STATE, the Lahore High Court addressed serious allegations against the petitioner, who was accused of terrorism-related offenses under the Anti Terrorism Act and possession of explosive substances. The court meticulously analyzed the evidence, or lack thereof, presented during the investigation. Notably, the petitioner had no prior criminal history, and crucially, the evidence did not substantiate the claims of membership in a proscribed organization. The court highlighted the importance of protecting the rights of juveniles within the legal framework, especially in cases involving serious allegations. Given the circumstances, including the prolonged detention without a trial and the absence of any incriminating evidence, the court determined that the petitioner deserved bail. This case underscores the critical balance the judiciary must maintain between ensuring public safety and upholding individual rights, particularly for juvenile defendants. The decision emphasizes the necessity for law enforcement to provide compelling evidence when making serious accusations, especially in the context of terrorism laws. The ruling is a reminder of the legal principle that a person is considered innocent until proven guilty, a cornerstone of justice that must be preserved. Keywords: bail, terrorism, juvenile rights, Lahore High Court, explosive substances, legal framework, public safety, individual rights. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
Asjad Javaid Ghural,
Ch. Abdul Aziz
|
| Lawyers |
Arshad Hussain Yousafzai,
Mian Imran Raheem,
Faizan Akbar
|
| Petitioners |
SHEER MUHAMMAD
|
| Respondents |
The STATE,
another
|
| Citations |
2023 SLD 2236,
2023 YLR 2497
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997,
Explosive Substances Act, 1908
|
| Sections |
497,
7,
4,
5
|