Case ID |
2cf11764-8006-403f-b3ad-3cdec49284c8 |
Body |
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Case Number |
Criminal Appeal No.27 of 2003 |
Decision Date |
Nov 24, 2003 |
Hearing Date |
Nov 18, 2003 |
Decision |
The appeal was filed against the Shariat Court's dismissal of a revision petition regarding the bail granted to the accused in a murder case. The Supreme Court upheld the lower courts' decisions, emphasizing that the evidence presented required further inquiry. The court stated that while the post-mortem report suggested murder, the delayed filing of the First Information Report and the time gap in witness statements necessitated a thorough investigation. The ruling reaffirms that bail can be granted when reasonable grounds for believing guilt are not established, and further inquiry is warranted. The decision highlights the importance of evidentiary standards in criminal proceedings, particularly regarding non-bailable offenses. |
Summary |
This case revolves around the appeal against the bail granted to the accused in a murder case involving the appellant's father. Initially reported as a suicide, the circumstances led to a murder investigation under various sections of the Penal Code. The case highlights critical legal principles regarding bail, particularly in serious offenses. The courts found that the evidence presented necessitated further investigation rather than immediate conclusions of guilt. The appeal underscores the judicial process's emphasis on ensuring that all relevant facts and evidence are thoroughly examined before determining bail eligibility. The ruling reinforces procedural safeguards in criminal law, ensuring that individuals are not unjustly deprived of their freedom when the evidence is inconclusive. The decision is significant for legal professionals and advocates involved in criminal law, as it delineates the balance between public safety and individual rights in the context of bail applications. Keywords: criminal law, bail, murder, Supreme Court, evidentiary standards, procedural safeguards, legal principles, inquiry. |
Court |
Supreme Court (AJ&K)
|
Entities Involved |
Not available
|
Judges |
MUHAMMAD YUNUS SURAKHVI, C.J.,
CHAUDHARY MUHAMMAD TAJ, J
|
Lawyers |
Ch. Ali Muhammad,
Ch. Sakhi Walayat,
Sardar Abdul Razzik Khan
|
Petitioners |
KHALID HUSSAIN
|
Respondents |
Raja KALA KHAN,
Mst. Shamim Akhtar
|
Citations |
2004 SLD 1333,
2004 PCRLJ 1080
|
Other Citations |
Not available
|
Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
Sections |
497,
497(5),
302,
201,
109,
34
|