| Case ID |
36d502cc-6721-41e1-85b0-c6fec4fe41e6 |
| Body |
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| Case Number |
Crl. Misc. No. 605-B of 2010 |
| Decision Date |
May 03, 2010 |
| Hearing Date |
May 03, 2010 |
| Decision |
The Lahore High Court granted bail to the petitioner, Haji Sarfraz, stating that the allegations against him did not fall within the prohibitory clause of Section 497 of the Criminal Procedure Code. It was determined that the offences alleged were neither punishable by death nor by imprisonment for life or 10 years. The court highlighted the importance of further inquiry into the guilt of the accused, emphasizing that bail does not equate to acquittal but rather a shift of custody. The decision acknowledged that the civil and criminal litigation between the parties was ongoing and that the petitioner had not been found guilty at the time of the bail hearing. |
| Summary |
In the case of Haji Sarfraz vs. State and Another, the Lahore High Court addressed a bail petition concerning allegations of producing a fake injunction order in a civil dispute. The court found that the case involved ongoing civil and criminal litigation, which necessitated further inquiry into the guilt of the petitioner. The ruling clarified that the nature of the charges did not meet the criteria for prohibitory bail, as the potential sentences did not include severe penalties such as death or life imprisonment. The court's decision to grant bail reflects the legal principle that the presumption of innocence must be upheld until proven guilty. Additionally, the court emphasized the procedural rights of the accused, ensuring that the judicial process remains fair and just. This case highlights significant aspects of criminal law and the judicial system's approach to bail, reinforcing the notion that bail serves to facilitate the accused's ability to prepare their defense while maintaining the integrity of the legal process. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
HAFIZ ABDUL REHMAN ANSARI, JUSTICE
|
| Lawyers |
Malik Muhammad Usman Bhatti, Advocate for Petitioner,
Mr. Muhammad Ashraf Qureshi, Advocate for Complainant,
Mr. Waseem Khan Babar, DDPP for State
|
| Petitioners |
Haji Sarfraz
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2010 SLD 988,
2010 PLJ 845
|
| Other Citations |
2008 SCMR 807,
PLD 1997 SC 545,
PLD 1995 SC 34
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
474,
467,
471,
420
|