| Case ID |
3849f08a-0ef6-489f-afba-d8a3a9bf27f5 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 823/B of 2011 |
| Decision Date |
Jun 30, 2011 |
| Hearing Date |
|
| Decision |
The petitioner's request for bail after arrest in the case F.I.R. No.286 dated 23-11-2010 was denied. The court found that the petitioner had been nominated in the F.I.R. with a specific role in the murder of his paternal uncle. The evidence presented, including eyewitness accounts and a post-mortem report, corroborated the prosecution's claims. The court ruled that the plea of alibi raised by the petitioner could not be considered at this stage, and since the age of the petitioner was 18/19 years according to police records, he could not benefit from juvenile protections without an inquiry. The decision emphasized that the police's declaration of innocence was not binding on the court, and the case fell under the prohibitory clause of section 497 of the Criminal Procedure Code, resulting in the dismissal of the bail petition. |
| Summary |
This case involves the Lahore High Court's decision on a bail petition related to a serious criminal matter. The petitioner, SHOAIB SHAHID, faced charges under multiple sections of the Penal Code, including murder. The court evaluated the evidence, including the prompt lodging of the F.I.R. and witness testimonies that implicated the petitioner. The court also considered the petitioner's claim of being a juvenile, which was not substantiated by the records provided. Ultimately, the court ruled that the evidence against the petitioner was strong enough to warrant the refusal of bail, highlighting the serious nature of the allegations. This case underscores the complexities involved in criminal law, particularly in matters concerning bail and the treatment of juveniles within the legal system. The decision reaffirms the standards for granting bail, emphasizing the importance of the evidence presented and the specifics of the charges faced by the accused. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ch. Muhammad Tariq
|
| Lawyers |
Shafqat Munir Malik,
Aamir Shafique Qureshi,
Muhammad Usman,
Dost Ali
|
| Petitioners |
SHOAIB SHAHID
|
| Respondents |
another,
THE STATE
|
| Citations |
2011 SLD 6714,
2011 PCRLJ 1896
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
337-A(ii),
337-F(ii)
|