| Case ID |
2c0c7c18-f173-4b18-98ab-5950d870a0a2 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Petition No. 1240-P of |
| Decision Date |
Sep 20, 2012 |
| Hearing Date |
|
| Decision |
The bail petition is allowed, directing the release of the accused petitioner on bail subject to furnishing bail bonds of Rs.5,00,000 with two sureties, each in the like amount, to the satisfaction of the Illaqa Judicial Magistrate/Magistrate on duty. The petitioner, being an Afghan national, is required to provide local sureties who are men of means. The decision underscores the necessity for further inquiry into the allegations, given the lack of concrete evidence connecting the accused to the crime. |
| Summary |
In the case of LUQMAN alias PEHLAWAN vs. DAUD, the Peshawar High Court examined a bail petition concerning serious charges under the Penal Code, including murder and rioting. The court noted that the accused was not initially named in the F.I.R. and that evidence linking him to the crime was insufficient. The decision emphasized the importance of further investigation, highlighting the principle that without compelling evidence, the accused should not remain incarcerated. The ruling is significant in the context of bail law, particularly in cases involving serious criminal allegations. Keywords such as 'bail law', 'criminal procedure', and 'Peshawar High Court' are essential for understanding the legal implications of this ruling. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MAZHAR ALAM KHAN MIANKHEL, J
|
| Lawyers |
Nasruminullah for Petitioner,
Matiullah Baloch for Respondents
|
| Petitioners |
LUQMAN alias PEHLAWAN
|
| Respondents |
,
DAUD
|
| Citations |
2013 SLD 2187,
2013 YLR 381
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302,
148,
149,
109
|