| Case ID |
2656884b-63d0-4670-b517-a06f9a321de5 |
| Body |
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| Case Number |
Criminal Miscellaneous (B.A.) No. 493-A of 2019 |
| Decision Date |
Sep 16, 2019 |
| Hearing Date |
|
| Decision |
The petition for grant of post-arrest bail was allowed based on the arguments presented. The accused was charged with theft from the complainant's shop, but the evidence did not sufficiently establish guilt. The complainant did not provide a source for the information leading to the charge, and the crime was unwitnessed. No incriminating evidence was found in the possession of the accused. The court highlighted that under Section 497 of the Criminal Procedure Code, bail is generally granted in such cases unless there are compelling reasons to refuse it. The court directed the release of the petitioner upon furnishing bail bonds. |
| Summary |
This case revolves around the grant of bail under the Criminal Procedure Code in a theft allegation. The petitioner, Karamat Ullah, was charged with theft under Sections 380 and 411 of the Pakistan Penal Code. The court examined the evidence, noting that the complainant failed to disclose the source of information leading to the charges. The court emphasized that in cases where the evidence does not meet the threshold for a non-bailable offence, bail is typically granted. The decision aligns with established legal principles regarding bail in criminal cases, making it a reference point for similar future cases. Keywords: bail, theft, Criminal Procedure Code, Pakistan Penal Code, legal principles. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD,
KARAMAT ULLAH
|
| Lawyers |
Khalid Rehman Qureshi,
Raja Muhammad Zubair
|
| Petitioners |
Karamat Ullah
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2020 SLD 288 = 2020 MLD 153
|
| Other Citations |
Muhammad Tanveer v. The State PLD 2017 SC 733,
Arsalan Masih and others v. The State 2019 SCMR 1152,
Abdul Waheed v. The State and another 2017 YLR Note 5
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
34,
380,
411
|