| Case ID |
2e0f97ea-5db3-4441-8261-0689b981c3c8 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1477/B of 2004 |
| Decision Date |
May 05, 2004 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioners, Shakil Haider and three others, stating that the allegations against them did not substantiate a non-bailable offense. The court found that the accused neither caused any injury nor aimed firing at anyone during the incident. The investigating officers had cleared them of involvement, and the report indicated that the complainant had not cooperated with the investigation. The court emphasized that the police's opinion, while not binding, was relevant, and the petitioners were entitled to bail under Section 497(2) of the Criminal Procedure Code as their trial had not commenced. The petition was accepted, allowing them to secure bail with conditions. |
| Summary |
In the case of Shakil Haider and others vs. The State, the Lahore High Court addressed the petitioners' request for bail after their arrest in connection with FIR No. 335. The court meticulously reviewed the circumstances surrounding the alleged offenses, which included serious charges such as murder and attempted murder under the Penal Code. The petitioners contended that they were falsely implicated due to mala fide intentions from the complainant party, and the investigations conducted by various police officers corroborated their claims of innocence. Notably, the court pointed out the absence of any recovered firearms or evidence linking the petitioners to the crime scene. This case underscores the importance of thorough investigative procedures and the rights of individuals to seek bail when the evidence does not convincingly establish their guilt. The ruling also highlights the legal standards applied in determining bail eligibility and the necessity for further inquiries into the allegations made. Overall, this case illustrates key principles in criminal law, particularly concerning the presumption of innocence and the procedural safeguards in place to protect individuals against wrongful detention. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IFTIKHAR HUSSAIN, J
|
| Lawyers |
Munir Ahmad Bhatti,
Bashir Ahmad Gill,
Ehtesham Qadir Shah
|
| Petitioners |
SHAKIL HAIDER,
Ansar,
Muhammad Zafar,
Razaq alias Zakir
|
| Respondents |
THE STATE
|
| Citations |
2004 SLD 2467 = 2004 PCRLJ 1228
|
| Other Citations |
Abdul Rehman v. Javed and 2 others 2002 SCMR 1415,
Dr. Muhammad Aslam v. The State 1993 SCMR 2288,
Nek Muhammad v. The State 1991 SCMR 1630
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302,
324,
148,
149
|