| Case ID |
3828b0f7-69cc-45a0-98f8-0afd52e5776f |
| Body |
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| Case Number |
Quashment Petition No.28-B of 2013 |
| Decision Date |
Oct 28, 2013 |
| Hearing Date |
|
| Decision |
The Peshawar High Court quashed the order of the Investigating Officer releasing the respondent-accused Farid Gul on personal bond, stating that the Investigating Officer exceeded his authority under Section 169 of the Criminal Procedure Code. The court emphasized that the Investigating Officer cannot disregard substantial prosecution evidence and that matters of bail must be resolved by a competent court. The release of the accused was deemed arbitrary and an abuse of process. The High Court exercised its inherent jurisdiction to cancel the bail and highlighted the importance of adhering to legal standards when releasing accused individuals. |
| Summary |
In the Peshawar High Court case involving Asal Mar Din vs. Farid Gul, the court addressed the misuse of authority by Investigating Officers under Section 169 of the Criminal Procedure Code. The petitioner challenged the release of the respondent-accused on personal bond, citing a lack of legal justification. The court emphasized that such decisions must consider the merits of the case and that the Investigating Officer cannot evaluate evidence to favor the accused. This case highlights the critical balance of power within the legal system, ensuring that the rights of victims are protected while maintaining fair judicial processes. The judgment reinforces the need for adherence to legal protocols to prevent arbitrary actions by law enforcement, thereby securing justice for all parties involved. |
| Court |
Peshawar High Court
|
| Entities Involved |
|
| Judges |
ROOH-UL-AMIN KHAN, J
|
| Lawyers |
|
| Petitioners |
Asal Mar Din
|
| Respondents |
Farid Gul,
Ubaid Ullah
|
| Citations |
2014 SLD 1216,
2014 PCRLJ 197
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
169,
561-A
|