| Case ID |
2c996326-3db3-4348-9058-e0a2f289e6b8 |
| Body |
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| Case Number |
Criminal Revision Application No. 61 of 1978 |
| Decision Date |
Jun 05, 1978 |
| Hearing Date |
Apr 26, 1978 |
| Decision |
The petition for bail was dismissed by the Sindh High Court, which found that the arguments presented did not merit the setting aside of the Additional Sessions Judge's order. The court noted that the applicant was accused of murder and that previous bail applications had been dismissed due to insufficient evidence supporting the claim of self-defense. The court emphasized that the medical examination established the applicant's age as 19 years, making the claim of being a minor unsupported by credible evidence. The delay in the proceedings was acknowledged but deemed not inordinate given the backlog of cases in the Sessions Court. |
| Summary |
This case involves a criminal revision application filed by Ashiq Hussain against the State concerning a murder charge under section 302 of the Pakistan Penal Code. The applicant sought bail after his second application was rejected by the Additional Sessions Judge. Key arguments revolved around the applicant's age and the claim of self-defense. The High Court, presided by G. Muhammad Shah, upheld the lower court's decision, noting the lack of substantial evidence to support the applicant's claims. The case highlights issues of procedural fairness, the determination of age in legal contexts, and the challenges faced by accused individuals in securing bail amidst allegations of serious crimes. The judgment underscores the importance of credible medical evidence and the judicial system's approach to handling delays in criminal proceedings, particularly in murder cases. Additionally, the court addressed the applicant's assertion of being a minor, which was not supported by adequate proof, leading to the dismissal of the bail application. This case serves as a significant reference point in discussions regarding bail procedures, the rights of the accused, and the interpretation of self-defense laws in Pakistan. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
G. MUHAMMAD SHAH, J
|
| Lawyers |
Mr. S. Nasiruddin
|
| Petitioners |
Ashiq Hussain
|
| Respondents |
The State
|
| Citations |
1979 SLD 1419,
1979 PCRLJ 13
|
| Other Citations |
P L D 1977 S C 273,
1975 P Cr. L J 1110
|
| Laws Involved |
Pakistan Penal Code,
Code of Criminal Procedure
|
| Sections |
302,
100,
435,
439
|