| Case ID |
2d4783ee-eabd-4cdd-bbac-85324c0eb1a2 |
| Body |
View case body. Login to View |
| Case Number |
Cr. B. A. No. S-97 of 2015 |
| Decision Date |
Sep 09, 2015 |
| Hearing Date |
Sep 09, 2015 |
| Decision |
The court granted bail to the applicant, Abdul Ghafoor, due to insufficient evidence and delays in filing the FIR. The court emphasized that the last seen evidence was not reliable and that there were significant delays in the complainant's actions. The applicant's further detention was deemed unnecessary as the prosecution failed to provide compelling evidence linking him directly to the murder charge. The ruling highlighted the principle that bail should not be used as punishment and acknowledged the strained relations between the parties involved. |
| Summary |
In the case of Abdul Ghafoor vs. The State, the Sindh High Court examined the circumstances surrounding the application for bail filed by Abdul Ghafoor. The applicant faced allegations of involvement in the murder of Arbab Ali alias Asif Shah, with claims of last seen evidence and confessions from co-accused. The court noted the significant delay of nine days in lodging the FIR, which raised doubts about the credibility of the complainant's account. The decision emphasized the need for corroborative evidence beyond the last seen testimony to establish a prima facie case against the accused. The court underscored the importance of timely action in criminal cases and reiterated that the presumption of innocence must be upheld. Ultimately, the court granted bail, allowing the applicant to remain free while the case is further investigated, reinforcing the legal principle that bail should not serve as a punitive measure. This case highlights key legal principles regarding bail and the weight of evidence in criminal proceedings, making it a significant reference for future cases involving similar issues. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHUJAATAHNAWAZ TARIQ
|
| Lawyers |
Ali Raza Kalwar,
Abdul Rasheed Kalwar,
Abdul Rehman Kolachi
|
| Petitioners |
ABDUL GHAFOOR
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2529,
2016 PCRLJ 1754
|
| Other Citations |
2011 SCMR 1543,
2014 YLR 695,
PLD 1994 Kar. 431,
2000 SCMR 1784,
1998 PCr.LJ 746,
1990 SCMR 579,
NLR 2005 Criminal 77,
2002 PCr.LJ 1114,
2009 YLR 38
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
497(2),
302
|