| Case ID |
2e07ba27-443f-4bc0-a165-9a4c531e1c45 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Bail Application No. S-688 of 2001 |
| Decision Date |
Nov 07, 2001 |
| Hearing Date |
Nov 07, 2001 |
| Decision |
The Sindh High Court granted pre-arrest bail to the applicant, Ghulam Nabi, observing that the FIR was lodged two years after the alleged incident, which was not satisfactorily explained. The court noted the potential for evidence tampering during this period and concluded that the case warranted further inquiry. The decision emphasized the importance of timely reporting in criminal cases and highlighted the lack of direct evidence connecting the accused to the alleged misappropriation. The court's decision allows the applicant to avoid arrest pending a more thorough investigation into the allegations against him. |
| Summary |
In the case of Criminal Bail Application No. S-688 of 2001, the Sindh High Court addressed the issue of pre-arrest bail for the applicant, Ghulam Nabi, who was implicated in a serious allegation of misappropriation and defalcation of funds amounting to Rs. 7,75,250. The court critically examined the circumstances surrounding the filing of the FIR, which was lodged two years after the alleged misconduct occurred. The judges noted that such a delay raised serious questions about the motivations behind the complaint and the integrity of the evidence. The applicant's counsel argued that the FIR was vague and lacked definitive proof linking the applicant to the alleged crime. The court's decision to grant bail reflects a broader legal principle that emphasizes the presumption of innocence and the necessity for the prosecution to establish a credible case before denying bail. The ruling serves as a significant precedent in criminal law, reinforcing the need for prompt action in legal proceedings to ensure justice is served. This case highlights critical aspects of criminal procedure, including the rights of the accused and the responsibilities of law enforcement to act diligently. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Zahid Kurbanalvi, J
|
| Lawyers |
Ali Nawaz Ghanghro,
Ali Azher Tunio
|
| Petitioners |
Ghulam Nabi
|
| Respondents |
The State
|
| Citations |
2003 SLD 1090,
2003 PCRLJ 447
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act, 1947
|
| Sections |
498,
409,
5(2)
|