| Case ID |
3728d606-2a2b-456b-9e48-2c264d8a57a2 |
| Body |
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| Case Number |
Cr.M.B.P. No. 233 of 2010 |
| Decision Date |
Jun 21, 2010 |
| Hearing Date |
Jun 21, 2010 |
| Decision |
In this case, the petitioners Attaullah and Moeen Ullah sought bail after being charged under Sections 336 and 34 of the Pakistan Penal Code. The court conducted a tentative assessment of the evidence presented. It highlighted that the injuries sustained by the complainant were blunt and likely caused by a 'danda' wielded by an absconding co-accused, Rifat Ullah. The court noted that the petitioners had no direct role in causing these injuries, as the nature of the injuries did not correspond with the weapons they were allegedly armed with. The court concluded that further inquiry was necessary, allowing the petitioners to be granted bail upon providing the required sureties. The decision emphasized the necessity of ensuring that justice is served while also protecting the rights of the accused. |
| Summary |
The case involves an application for bail by petitioners Attaullah and Moeen Ullah, charged under Sections 336 and 34 of the Pakistan Penal Code. The Peshawar High Court examined the evidence, which suggested that the complainant's injuries were caused by blunt force, potentially from a third party not present in court. The court's decision underscores the principles of justice and the importance of a thorough inquiry before determining guilt. Key legal references include the Criminal Procedure Code and the Pakistan Penal Code, which are pivotal in cases involving bail and the assessment of evidence. This case highlights the balance between prosecutorial claims and the rights of the accused, making it a notable example in criminal law proceedings. The ruling reflects the court's commitment to justice and the fair treatment of individuals within the legal system. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN
|
| Lawyers |
Mr. Salimullah Khan Ranazai,
Mr. Sanaullah Shamim Gandapur
|
| Petitioners |
ATTAULLAH,
MOEEN ULLAH
|
| Respondents |
ANOTHER,
STATE
|
| Citations |
2010 SLD 942,
2010 PLJ 640
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
336,
34
|