Legal Case Summary

Case Details
Case ID 321c43a2-8bf5-4928-a202-0459aed15c21
Body View case body.
Case Number Criminal Bail Application No. 575 of 2001
Decision Date Nov 27, 2001
Hearing Date Nov 27, 2001
Decision The court found that the accused had absconded for ten years and was shown as a proclaimed offender by the Trial Court. The accused did not surrender before the Court of law or before the acquittal order of co-accused. The court concluded that the accused was not entitled to the concession of bail based on the circumstances surrounding the case, which included armed robbery and a history of absconding after committing serious offenses. The acquittal of the other co-accused did not entitle the accused to bail under the current legal framework.
Summary In the case of Criminal Bail Application No. 575 of 2001, the Sindh High Court addressed significant legal issues regarding the grant of bail under the Criminal Procedure Code and related laws. The applicant, ABDUL GHANI, sought bail after being charged with serious offenses, including armed robbery and offenses against property. The court scrutinized the evidence presented, highlighting the absence of independent witnesses and the long history of the accused being a proclaimed offender. The court emphasized that the accused's failure to surrender and the serious nature of the charges precluded the possibility of bail. This case underscores the stringent measures in place for granting bail in serious criminal offenses and the importance of a thorough evaluation of the circumstances surrounding each case.
Court Sindh High Court
Entities Involved Not available
Judges SYED ZAWWAR HUSSAIN, JAFRI, J
Lawyers Manzoor Ahmed Junejo for Applicant, Ghulam Sarwar Korai for the State
Petitioners ABDUL GHANI
Respondents THE STATE
Citations 2003 SLD 1083, 2003 PCRLJ 421
Other Citations Baloo alias Piyar Ali v. The State 2001 PCr.LJ 372, Nasrullah and 2 others v. The State PLD 2000 Quetta 72, Ali Nawaz v. The State 1995 PCr.LJ 1316, Zulfiqar and others v. The State and 10 others 1996 SCMR 326, Ghulam Sikandar v. Mamraiz Khan PLD 1985 SC 11, Muhammad Iqbal v. Sana Ullah and others PLD 1997 SC 569
Laws Involved Criminal Procedure Code (V of 1898), Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, Penal Code (XLV of 1860), West Pakistan Arms Ordinance, (XX of 1965)
Sections 497, 17(3), 302, 307, 324, 336, 460, 147, 13-D