| Case ID |
2e884971-fdac-4f01-8ed1-627e77d5be83 |
| Body |
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| Case Number |
Criminal Bail Application No. S-77 of 2005 |
| Decision Date |
Mar 08, 2005 |
| Hearing Date |
|
| Decision |
The court granted pre-arrest bail to two applicants, Daud and Murad Ali, upon them furnishing sureties. The bail application of Jan Muhammad was rejected as he chose to surrender before the trial court, while the application of Badal became infructuous due to his prior arrest. The court noted that all sections applied were bailable except for section 337-A(ii) of the Pakistan Penal Code, which is punishable by five years and does not fall under the prohibitory clause of section 497(1) of the Criminal Procedure Code. The decision emphasized the distinct circumstances of each applicant and the delay in lodging the F.I.R. |
| Summary |
In this significant case from the Sindh High Court, the decision revolves around the grant of pre-arrest bail under the Criminal Procedure Code and the Pakistan Penal Code. The applicants, JANO alias JAN MUHAMMAD and others, faced varying charges with distinct circumstances impacting their applications for bail. The court highlighted that while most charges were bailable, the specific charge under section 337-A(ii) posed a more serious consequence. This case serves as a critical reference for understanding the nuances of bail applications in the context of pre-arrest scenarios, particularly how individual circumstances and the timing of F.I.R. lodging can influence judicial decisions. Legal practitioners must pay attention to the implications of this ruling, especially regarding the interpretation of bailable offenses and the judicial discretion exercised in such matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
S. ALI ASLAM JAFRI, JUSTICE
|
| Lawyers |
Abdul Rasool Abbasi,
Rasheed A. Qureshi
|
| Petitioners |
,
JANO alias JAN MUHAMMAD
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 715,
2006 PLJ 249
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
337-A(ii),
337-F(i),
504
|