| Case ID |
39683cec-1fde-4af9-b9da-fa8189919935 |
| Body |
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| Case Number |
Crl. Misc. 11995-B of 2008 |
| Decision Date |
Mar 12, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted post-arrest bail to the petitioners who had been detained for over a year on charges under Section 376 of the Pakistan Penal Code. The court noted that the petitioners had remained in jail for an extended period and were found innocent based on a negative report from the Chemical Examiner. The court emphasized that the absence of semen was not conclusive evidence of guilt, especially given the circumstances of the incident. The court confirmed the previously granted ad-interim bail and required the petitioners to furnish fresh bail bonds totaling Rs. 100,000 each. |
| Summary |
In the case Crl. Misc. 11995-B of 2008, the Lahore High Court addressed a bail application involving serious charges under Section 376 of the Pakistan Penal Code. The petitioners had been detained for over a year, and the court found that the evidence presented, particularly the negative report from the Chemical Examiner, indicated their innocence. The court analyzed the circumstances surrounding the alleged crime, noting the timing of the FIR, which was filed the day after the incident. The decision underscored the importance of not just the absence of physical evidence but also the context of the case, including the petitioners' prolonged detention without trial. The court's ruling on March 12, 2009, confirmed the grant of bail, reflecting a critical stance on the misuse of legal provisions and the necessity for justice to prevail. This case highlights key issues in criminal law, such as the presumption of innocence and the significance of evidence in the judicial process, making it a pivotal reference in future legal discussions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. ALI HASSAN RIZVI
|
| Lawyers |
Syed Zaman Haider,
Ch. Amjad Hussain
|
| Petitioners |
ANOTHER,
MUHAMMAD ASHRAF ALIAS KALO
|
| Respondents |
STATE
|
| Citations |
2010 SLD 888,
2010 PLJ 380
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
376
|