| Case ID |
2bfe82d8-0c04-45d2-8238-15cd25b33955 |
| Body |
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| Case Number |
Bail Cancellation Application No. 617 of 2003 |
| Decision Date |
Aug 25, 2003 |
| Hearing Date |
Aug 25, 2003 |
| Decision |
The application for cancellation of bail was reviewed under the relevant sections of the Criminal Procedure Code and the Penal Code. The court found that there was no initial charge against the accused in the FIR, but subsequent statements from the complainant indicated potential involvement of the accused. However, the court noted discrepancies in the statements regarding the presence of witnesses at the crime scene. It emphasized that any reasonable doubt regarding the accused's involvement should favor the accused, allowing them to remain on bail rather than in custody during trial. The grounds for granting bail were deemed convincing and not arbitrary, leading to the conclusion that the High Court found no extraordinary circumstances compelling enough to cancel the bail previously granted by the lower court. |
| Summary |
In the case of Bail Cancellation Application No. 617 of 2003, the Peshawar High Court examined the application to cancel bail based on a complex interplay of witness statements and legal provisions under the Criminal Procedure Code and the Penal Code. The court highlighted the importance of reasonable doubt in criminal proceedings, asserting that if there is any uncertainty regarding the accused's participation in the alleged crime, it is imperative to provide the accused with the benefit of the doubt. The case underscores the significance of the legal principle that an accused should not be deprived of bail unless there are compelling reasons to do so. The court's decision reinforces the necessity of robust evidence and credible witness testimonies in criminal cases, ensuring that the rights of the accused are upheld. This ruling serves as a crucial reference for future cases involving bail applications, emphasizing the balance between the rights of the accused and the interests of justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
TALAAT QAYUM QURESHI,
MUHAMMAD TAHIR ER
|
| Lawyers |
Muhammad Amin Khattak Lachi,
Malik Fakhri Azam,
Imtiaz Ali, A.A.G.
|
| Petitioners |
|
| Respondents |
2 OTHERS,
TARIQ PERVEZ
|
| Citations |
2004 SLD 2867,
2004 PCRLJ 143
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
302/324
|