| Case ID |
323b3ee3-a12e-4de3-8abc-d960b925be15 |
| Body |
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| Case Number |
Cr. B.A. No. S-806 of 2015 |
| Decision Date |
Sep 30, 2015 |
| Hearing Date |
Sep 30, 2015 |
| Decision |
The bail application of the accused was dismissed as not pressed. The court highlighted that the affidavit sworn by the complainant, which indicated no objection to the grant of bail, could not be regarded as a reflection of free will, particularly in a serious crime such as abduction. The court noted the gravity of the allegations, the fact that the complainant had initially named the accused in the FIR, and the implications of retracting from those statements. It emphasized the non-compoundable nature of the offence under section 365-B of the Penal Code. The court directed the trial court to monitor the behavior of the complainant during witness testimonies and warned that an FIR may be lodged against the complainant under section 182, P.P.C. if the accused were acquitted due to insufficient evidence. The trial court was instructed to conclude the trial within three months and provide monthly progress reports. |
| Summary |
This case revolves around the bail application for an accused involved in a serious criminal charge of abduction under the Penal Code. The court scrutinized the affidavit of no objection sworn by the complainant, who had previously named the accused in the FIR. The ruling emphasized that such an affidavit could not be seen as a legitimate expression of free will in light of the serious nature of the crime. The court expressed concerns about the potential implications of the complainant's actions on the integrity of the judicial process. Given the context of the case, the court dismissed the bail application and mandated the trial court to expedite proceedings while monitoring the complainant's conduct. This case underscores the critical importance of maintaining the sanctity of legal processes and the potential consequences for those who attempt to manipulate them. Keywords: bail application, abduction, criminal law, Sindh High Court, judicial integrity. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
NAZAR AKBAR, JUSTICE
|
| Lawyers |
Abdul Majeed Magsi,
Shahid Ahmed Shaikh
|
| Petitioners |
MOHAMMAD AMEEN
|
| Respondents |
THE STATE
|
| Citations |
2016 SLD 2280,
2016 YLR 1118
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
365-B,
34,
511
|