| Case ID |
3798e649-3d1a-42ec-809a-23b98b7ebefb |
| Body |
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| Case Number |
Criminal Bail Application No.1254 and M.As. Nos.48 |
| Decision Date |
Dec 04, 2008 |
| Hearing Date |
|
| Decision |
The court granted bail to the applicants on the basis of an affidavit filed by the complainant, which stated that no such incident as mentioned in the FIR had occurred. The State Counsel did not object to the bail application, leading the court to decide in favor of the applicants, allowing them to be released on bail upon furnishing surety and P.R. Bonds. The decision emphasized the importance of the complainant's retraction of the statement made in the FIR, which significantly influenced the outcome of the bail application. |
| Summary |
In the case of Muhammad Younus and another versus The State, the Sindh High Court addressed a criminal bail application where the complainant, Pervez Ali, filed an affidavit during the pendency of the bail application, stating he had not made the allegations detailed in the FIR. This affidavit was crucial in the court's decision to grant bail to the accused. The court highlighted the significance of the complainant's retraction, indicating that it led to the absence of objections from the State Counsel regarding the bail application. The applicants were ordered to be released on bail after providing surety and P.R. Bonds. This case underscores the legal principles surrounding bail in criminal proceedings and the impact of witness statements on the judicial process. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Mrs. Yasmin Abbasey
|
| Lawyers |
Mehmood A. Qureshi,
Fazal-ur-Rehman Awan,
Jehangri Rahi
|
| Petitioners |
another,
MUHAMMAD YOUNUS
|
| Respondents |
THE STATE
|
| Citations |
2009 SLD 3350,
2009 PCRLJ 526
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
393,
353,
324,
34
|