| Case ID |
36e07cd5-efda-4079-a866-ea2ce11bfe5b |
| Body |
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| Case Number |
Cr. Misc. No. 3294-B of 2017 |
| Decision Date |
Mar 16, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioner, Tajammal Hussain Anjum alias Phalo, under section 497 of the Criminal Procedure Code. The court noted that there was a delay of five days in the registration of the FIR and the evidence against the petitioner was weak, particularly the extra-judicial confession which was deemed inadmissible. The petitioner had no prior convictions and had been in custody for four months without any recovery of evidence against him. The court highlighted that mere involvement in a heinous crime is not sufficient to deny bail, especially when there are substantial grounds for further inquiry. The decision underscored the importance of fair trial rights and the presumption of innocence until proven guilty. |
| Summary |
In the case of Cr. Misc. No. 3294-B of 2017, the Lahore High Court addressed the bail application of Tajammal Hussain Anjum alias Phalo. The court emphasized the procedural shortcomings in the FIR registration, noting a five-day delay which was not adequately explained. The court critically assessed the evidence, particularly the reliance on an extra-judicial confession, which was found to lack evidentiary value. The ruling reinforced the principle that serious allegations do not automatically equate to denial of bail, particularly when the evidence is insufficient. The petitioner, a previous non-convict, had been detained for four months without any substantial evidence being recovered. The court's decision to grant bail reflects a commitment to upholding justice and the rights of the accused, ensuring that the legal process is not compromised by procedural lapses. This case highlights essential legal principles regarding bail, evidence admissibility, and the rights of individuals within the judicial system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN
|
| Lawyers |
Malik Ghulam Abbas Nissoana for Petitioner,
Muhammad Irfan Zia, Deputy Prosecutor-General for the State,
Muhammad Ali, S.-I. for the State,
Nemo for the Complainant
|
| Petitioners |
TAJAMMAL HUSSAIN ANJUM ALIAS PHALO
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2018 SLD 1068,
2018 PCRLJ 598
|
| Other Citations |
Muhammad Waseem v. The State and others 2012 SCMR 387
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
392,
201,
411,
364,
109,
34
|