| Case ID |
31b6b14c-aee0-4199-b8f1-a1468892c0a6 |
| Body |
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| Case Number |
Criminal Bail Application No. S-641 of 2020 |
| Decision Date |
Dec 14, 2020 |
| Hearing Date |
Dec 14, 2020 |
| Decision |
The bail application filed by Mukhtiar Ali was dismissed. The court found that there was prima facie evidence connecting the applicant to the commission of the offense, which included serious charges under the Penal Code. The applicant was alleged to have fired a weapon that resulted in fatal injuries to the deceased, Yaseen, and the court noted the principle of vicarious liability due to the active participation of the accused in the alleged crime. The delay in lodging the FIR was explained by the complainant, and the court emphasized that deeper appreciation of evidence was not warranted at the bail stage. The circumstances of the case indicated that the applicant posed a significant risk if granted bail, given the serious nature of the charges, including capital punishment. |
| Summary |
This case involves a bail application by Mukhtiar Ali, who was charged with multiple serious offenses, including murder and attempted murder, under the Penal Code and Criminal Procedure Code. The court, presided over by Aftab Ahmed Gorar, examined the facts surrounding the incident where the applicant allegedly fired at Yaseen, resulting in his death. The court considered the nature of the charges, the vicarious liability of the applicant, and the explanation provided for the delay in filing the FIR. The ruling highlighted the importance of the evidence presented and the necessity of ensuring that justice is served, particularly in cases involving capital offenses. The decision emphasized that the applicant's release could pose a danger to the complainant and witnesses. Keywords related to this case include 'criminal bail application', 'murder charges', 'Sindh High Court', 'vicarious liability', and 'capital punishment', which are trending in legal discussions. |
| Court |
Sindh High Court, Sukkur Bench
|
| Entities Involved |
Not available
|
| Judges |
Aftab Ahmed Gorar
|
| Lawyers |
Abdul Wahab Shaikh,
Abdul Sattar Mahessar,
Shafi Mohammad Mahar
|
| Petitioners |
Mukhtiar Ali
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 924,
2023 MLD 684
|
| Other Citations |
Munawar v. The State 1981 SCMR 1092,
Khan Afsar v. The State and another 2020 PCr.LJ Note 195,
Irfanullah v. The State 2019 YLR Note 76,
Hub Ali and another v. The State 2013 PCr.LJ 25,
Inayat Ali v. The State 2008 PCr.LJ 1395,
Zaka Ullah v. The State and another 2020 SCMR 452,
Mohammad Faisal v. The State and another 2020 SCMR 971,
Mohammad Umar v. The State and another PLD 2004 SC 477,
Rasoolo v. The State 2020 PCr.LJ 166,
Tahir Zeb and others v. The State and another 2020 SCMR 1685
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
337-L,
337-H,
427,
148,
149
|