Legal Case Summary

Case Details
Case ID 2d25d710-c944-47bd-8ee7-779136f95c79
Body View case body.
Case Number Criminal Bail Application No. 323 of 2003
Decision Date Mar 31, 2003
Hearing Date Mar 31, 2003
Decision The court granted bail after arrest to the applicants, Ghulam Abbas and another, on the grounds that the allegations of kidnapping and robbery were not substantiated by the investigation. The court noted that the controversy regarding the pronouncement of Talaq by Abdul Shakoor, the complainant, should be resolved in trial based on evidence. The bail was granted with the condition of furnishing surety in the sum of Rs. 1,00,000/- each and P.R. Bond to the satisfaction of the Trial Court.
Summary In the case of Criminal Bail Application No. 323 of 2003, the Sindh High Court dealt with a bail application where the primary allegations involved kidnapping and robbery. The complainant, Abdul Shakoor, claimed that his wife and son were forcibly taken by Ghulam Abbas and others. However, the investigation indicated that these allegations were unsubstantiated. The court highlighted the need to address the validity of the Talaq pronounced by Abdul Shakoor, emphasizing that such matters should be resolved in a full trial. Ultimately, the court granted bail, citing the lack of evidence against the applicants and the need for a fair hearing. The case touches on important legal principles regarding personal status, marriage, and the enforcement of laws related to family matters. Keywords: bail application, kidnapping, Talaq, Hudood Ordinance, legal proceedings, Sindh High Court, evidence, trial.
Court Sindh High Court
Entities Involved Not available
Judges MUHAMMAD SADIQ LEGHARI, J
Lawyers Not available
Petitioners Another, Ghulam Abbas
Respondents The State
Citations 2010 SLD, 2010 KLR 318
Other Citations Muhammad Sarwar and another v. The State (1988 PSC 498)
Laws Involved Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Sections 10(2), 16