| Case ID |
36dfca57-c0ae-474e-b825-050a8f6c776e |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 4252/B of 2012 |
| Decision Date |
May 02, 2012 |
| Hearing Date |
|
| Decision |
The petitioner, Habib-ur-Rahman alias Bao, sought bail after being arrested in relation to F.I.R. No.73, dated 19-2-2012. The case involved serious allegations including dacoity, attempted murder, and possession of illegal weapons. The prosecution's narrative was scrutinized as it seemed exaggerated, particularly as no injuries were reported among the police despite claims of a fierce encounter. The post-mortem reports indicated that the deceased had been shot from behind, casting doubt on the police's account. Given the circumstances, the court found that further inquiry was warranted, and the investigation had been completed with no further need for the petitioner. Consequently, the bail application was granted, allowing the petitioner to be released on bail of Rs.2,00,000 with two sureties. |
| Summary |
In the case of Criminal Miscellaneous No. 4252/B of 2012, the Lahore High Court addressed a bail application for Habib-ur-Rahman alias Bao. The petitioner faced serious charges under multiple laws, including the Criminal Procedure Code and the Pakistan Penal Code, related to alleged criminal activities involving armed conflict with police. The prosecution's claims were scrutinized, revealing inconsistencies, particularly in the accounts of an alleged encounter where no police injuries were reported despite claims of heavy weapon use by the accused. The court meticulously analyzed the evidence, noting that the deceased had been shot from behind, contradicting the police's narrative. This led to the conclusion that there was a strong possibility that the police's story was fabricated to justify their actions. The court ultimately granted bail, emphasizing the importance of fair trial rights and the presumption of innocence until proven guilty. This case highlights critical issues surrounding police conduct and the integrity of the judicial process in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Tariq Masood,
Shahid Hameed Dar
|
| Lawyers |
Ch. Abdul Rashid,
Khurram Khan
|
| Petitioners |
Habib-ur-Rahman alias Bao
|
| Respondents |
The State
|
| Citations |
2012 SLD 267,
2012 PCRLJ 1522
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
West Pakistan Arms Ordinance (XX of 1965),
Explosive Substances Act, 1908,
Pakistan Penal Code, 1860
|
| Sections |
497(2),
13,
5,
324,
353,
186,
34
|