| Case ID |
2bd62c62-6bd8-4ff6-a696-fed4ccef6d7e |
| Body |
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| Case Number |
Crl. Misc. No. 3177-B of 2006 |
| Decision Date |
Nov 07, 2006 |
| Hearing Date |
|
| Decision |
The petitioners sought bail after arrest in a significant criminal case involving serious charges under various sections of the Pakistan Penal Code and Criminal Procedure Code. The Lahore High Court, after reviewing the arguments and evidence, found that the role attributed to the petitioners was not sufficiently supported by the Medico Legal Certificate. The court emphasized that the question of which party was the aggressor remains to be determined through further inquiry. The court granted bail to one of the petitioners, Zafar, based on the principle of consistency, as co-accused had already been granted bail. However, the petition by Dilmeer was dismissed due to his involvement in the occurrence and the recovery of a weapon from him. The court highlighted the importance of ensuring that the trial court decides the case without being influenced by this order, thus reinforcing the integrity of the judicial process. |
| Summary |
This case involved a complex dispute between multiple parties that escalated into violence, resulting in severe injuries and a fatality. The complainant, Manzoor Hussain, reported that on the night of May 11, 2006, he and his family were attacked by the accused while attempting to intervene in an altercation. The legal proceedings revolved around the grant of bail for the accused, with significant emphasis on the lack of medical evidence supporting the allegations against them. The Lahore High Court's decision to grant bail to one petitioner, while denying it to another, reflects the nuanced approach required in criminal law, particularly in cases where the evidence is contested and further inquiry is necessary. The ruling underscores the critical balance between individual rights and the interests of justice in criminal proceedings. |
| Court |
Lahore High Court
|
| Entities Involved |
Muhammad Bakhsh,
Allah Ditta,
Muhammad Arif,
Muhammad Rafique,
Muhammad Afzal,
Manzoor Hussain,
Rab Nawaz,
Zulfiqar,
Khan Muhammad,
Ghulam Murtaza,
Zafar
|
| Judges |
HASNAT AHMED KHAN, J.
|
| Lawyers |
Mr. Allah Bakhsh Haraj,
Mr. Aziz Khan Punian,
Mr. Pervaiz Qamar Butt
|
| Petitioners |
,
Dilmeer
|
| Respondents |
STATE
|
| Citations |
2007 SLD 3110,
2007 PLJ 522
|
| Other Citations |
PLD 1989 SC 585,
1980 SCMR 2003,
2000 P.Cr.L.J. 262
|
| Laws Involved |
Criminal Procedure Code, 1898 (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
337-A(i),
337-A(ii),
F(i),
L(ii),
302,
148,
149
|