| Case ID |
3a56ea36-94b9-472a-a2d0-1a0034f49e59 |
| Body |
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| Case Number |
Cr. Bail Application No. S-42 of 2017 |
| Decision Date |
Oct 04, 2017 |
| Hearing Date |
Oct 04, 2017 |
| Decision |
The bail application was allowed based on the assessment of the evidence presented. The court found that the prosecution had not established a strong case against the applicants, as the evidence concerning the recovery of crime weapons and empties was delayed and lacked corroboration. The mere pendency of criminal cases against the accused did not automatically disqualify them from being granted bail. The court emphasized that the applicants did not inflict any injuries on the deceased and that their involvement was not sufficient to deny them bail. Therefore, the applicants were admitted to bail with conditions. |
| Summary |
In the case of Cr. Bail Application No. S-42 of 2017, the Sindh High Court addressed the bail application of TARIQUE and others, who were accused in a serious criminal case involving murder and attempted murder. The court evaluated the circumstances surrounding the recovery of evidence, which included firearms and bullets. Significant delays in the forensic analysis of these items raised questions about their relevance to the case. The court highlighted that the presence of the accused at the scene and the allegations against them did not conclusively establish their guilt. As such, the court ruled in favor of granting bail, underscoring the principle that mere allegations and the existence of other pending cases do not warrant automatic denial of bail. This decision aligns with established legal precedents that protect individual rights in the face of criminal accusations. The ruling also serves as a reminder of the importance of proper evidence handling and the need for prompt judicial processes to ensure justice is served. The decision was made by Justice ABDUL MAALIK GADDI, who emphasized the necessity for a fair assessment of the evidence presented in bail applications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL MAALIK GADDI, JUSTICE
|
| Lawyers |
Amjad Ali Sahito for Applicants,
Shahid Ahmed Shaikh, D.P.G. for the State,
Ahsan Gul Dahri for the Complainant
|
| Petitioners |
TARIQUE AND 3 OTHERS
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 760,
2018 MLD 745
|
| Other Citations |
Muhammad Irshad v. Allah Ditta 2017 SCMR 142,
Muhammad Faiz alias Bhoora v. State 2015 SCMR 655,
Muhammad Imran v. The State 2016 SCMR 1401,
Muhammad Yaseen v. State [2011 SCMR 905],
Ghafoor Khan v. Israr Ahmed [2011 SCMR 1545],
Subeh Sadiq alias Saabo alias Kalu v. State [2011 SCMR 1543],
Mumtaz Hussain v. State [1996 SCMR 1125],
Muhammad Boota v. State [2014 SCMR 1355],
Abdul Rehman v. State [2002 SCMR 1415],
Muhammad Irfan v. State [2014 SCMR 1347],
Wajid Ali v. State [2017 SCMR 116],
Mulo Ahmed v. State [2011 MLD 1171],
Dhani Bux v. State [1989 SCMR 239],
Tahir Hassan Hashmi v. State [1990 SCMR 326],
Shahid v. State [2004 SCMR 1018],
Muhammad Younis v. State [2006 YLR 2988],
Muhammad Arshad v. Muhammad Mushtaq and 5 others [2004 PCr.LJ167],
Abdul Hayee v. State [1996 SCMR 555],
Gulzar Khoso v. State [2006 PCr.LJ 1984]
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
34
|