| Case ID |
2ba14de8-444b-40b5-a667-bdecfe805240 |
| Body |
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| Case Number |
Crl. Misc. No. 2411/CB of 2006 |
| Decision Date |
Jul 27, 2006 |
| Hearing Date |
|
| Decision |
The application for cancellation of bail for Respondent No. 1, granted by the Additional Sessions Judge, was dismissed. The court found that the grounds on which bail was granted were neither factually nor legally correct. It was established that duly authenticated documents were sent for signature comparison, and the offences involved did not necessitate permission from the Magistrate. The court emphasized that once bail is granted, it should only be revoked on exceptional grounds. The decision underscored the principle that converting an acquittal into a conviction via bail cancellation is not permissible unless substantial grounds are presented. |
| Summary |
In the case of Crl. Misc. No. 2411/CB of 2006, the Lahore High Court addressed the application for cancellation of bail granted to Respondent No. 1. The petitioner argued that the bail was improperly granted based on incorrect factual and legal grounds. The court analyzed the applicable laws, particularly the Criminal Procedure Code and the Pakistan Penal Code, focusing on sections related to bail. It was determined that the alleged offences were bailable and did not require Magistrate permission. The court reiterated that once bail is granted, it should only be revoked under exceptional circumstances, highlighting the legal principle against converting acquittal into conviction without just cause. This case illustrates crucial aspects of bail law in Pakistan and the importance of adhering to proper legal standards when granting or recalling bail. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SHABBAR RAZA RIZVI, J.
|
| Lawyers |
Ch. Nisar Ahmad Kausar,
Mr. Safdar Hussain Tarar,
Miss Najma Parveen
|
| Petitioners |
SHAHBAZ ALI
|
| Respondents |
another,
SHAHBAZ SARFRAZ
|
| Citations |
2007 SLD 3123,
2007 PLJ 568
|
| Other Citations |
2004 PCr.LJ 387
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, 1860
|
| Sections |
497(5),
420,
468,
471
|