| Case ID |
2cc3b017-7fa3-46ab-8361-117efbdaac3e |
| Body |
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| Case Number |
Criminal Bail Application No. 58 and M.A. No. 286 |
| Decision Date |
Sep 09, 2010 |
| Hearing Date |
|
| Decision |
The bail application for Karamat Khan was granted due to the absence of necessary sanction for prosecution as mandated by Section 7 of the Explosive Substances Act, 1908. The Investigating Officer did not dispute that conditional bail could be granted for the non-obtaining of mandatory sanction. The applicant was granted bail on the condition of furnishing surety in the sum of Rs. 100,000 with a P.R. bond of the same amount to the satisfaction of the Nazir of the Court. The court's decision emphasized the importance of obtaining necessary sanctions before proceeding with prosecution in explosive substance cases. |
| Summary |
In the case of Karamat Khan vs. The State, the Sindh High Court addressed a bail application concerning serious charges under the Explosive Substances Act and other related offenses. The applicant, Karamat Khan, had been arrested under allegations of possessing explosives and attempting to cause an explosion. The court highlighted a critical procedural requirement under Section 7 of the Explosive Substances Act, which necessitates obtaining prior sanction for prosecution. The Investigating Officer's failure to confirm the existence of such sanction led to the decision to grant bail. This case reinforces the legal principle that adherence to procedural requirements is essential in ensuring fair trial rights and the integrity of the judicial process in criminal matters. The decision to grant bail was made with conditions to ensure the applicant's compliance and safeguard the legal proceedings. This case illustrates the significance of procedural law in the context of criminal justice and the necessity for law enforcement to follow established protocols when prosecuting serious offenses. Trending keywords include 'bail application', 'criminal procedure', 'explosive substances', and 'legal rights'. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
S. ZAKIR HUSSAIN
|
| Lawyers |
Aamir Mansoob Qureshi,
Muhammad Iqbal Awna
|
| Petitioners |
Karamat Khan
|
| Respondents |
THE STATE
|
| Citations |
2011 SLD 1173,
2011 YLR 1390
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860,
Explosive Substances Act, 1908
|
| Sections |
497,
34,
186,
324,
353,
4,
5,
7
|