| Case ID |
37a9a8b2-f895-4d92-b96a-b384aa6e6487 |
| Body |
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| Case Number |
Criminal Bail Application No. S-152 of 2012 |
| Decision Date |
May 14, 2012 |
| Hearing Date |
|
| Decision |
The bail application of the accused persons was dismissed due to the serious nature of the allegations against them. The court found no substantial delays that would warrant the granting of bail, as the evidence presented was consistent and corroborated by medical findings. The court emphasized that the complainant's lack of eyewitness account did not undermine the prosecution's case, given the statements of other witnesses who directly observed the incident. The decision noted that the prosecution had adequately explained the delays in lodging the FIR and recording witness statements, thereby affirming the strength of the evidence against the accused. |
| Summary |
This case revolves around the refusal of bail for the accused individuals charged with murder under the Penal Code. The court analyzed the evidence presented, including witness statements and medical reports, to determine the validity of the allegations. The complainant alleged that the accused killed his son over matrimonial disputes, while the defense pointed to delays in witness statements as a reason for doubt. However, the court found that the medical evidence corroborated the witness accounts, leading to the dismissal of the bail application. Key legal principles from the Criminal Procedure Code and the Penal Code were applied, reinforcing the gravity of the charges and the necessity for the accused to remain in custody pending trial. This case highlights the importance of timely evidence collection and the role of eyewitness testimony in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA, J
|
| Lawyers |
Saeed Ahmed Panhwar for Applicants,
Syed Sardar Ali Rizvi, A.P.G. for the State,
Raham Ali Jatoi for the Complainant
|
| Petitioners |
2 others,
SANAULLAH
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2299,
2012 PCRLJ 1863
|
| Other Citations |
Shahbaz Gul v. The State 1984 PCr.LJ 495,
Muhammad Rafiq and another v. The State 2011 YLR 400,
Abid Ali alias Ali v. The State 2011 SCMR 161
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302/34
|