| Case ID |
3a9fb6f2-8a95-4c1c-805d-3c5653e8f140 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Petition No.33 of 2008 |
| Decision Date |
May 06, 2008 |
| Hearing Date |
Apr 25, 2008 |
| Decision |
The court dismissed the bail application of Haji Muhammad Noor, the petitioner, stating that a prima facie case existed against him. The record indicated that he was directly nominated by the complainant and witnesses for the offense, with a stolen motorcar found in his possession. The petitioner's claim of innocence was not supported by sufficient evidence, and prior bail requests had been rejected. The court concluded that the compromise made by the complainant did not aid the petitioner since the offense was not compoundable. The decision emphasized the strength of the evidence against the petitioner and upheld the denial of bail. |
| Summary |
In the case of Criminal Miscellaneous Bail Petition No.33 of 2008 decided by the Peshawar High Court, the petitioner, Haji Muhammad Noor, sought bail in a case involving serious charges under the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979. The petitioner was accused of receiving ransom for a stolen motorcar, which was found in his possession. The court analyzed the evidence presented, including supplementary statements from the complainant and witnesses, which directly implicated the petitioner. Despite the petitioner's claims of innocence and a compromise with the complainant, the court ruled that the nature of the offense and the evidence against him did not warrant bail. The decision highlighted the importance of the prima facie case established by the prosecution and the legal standards governing bail in such serious offenses. This case underscores the challenges faced by defendants in securing bail when substantial evidence exists against them, particularly in criminal matters involving property offenses. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Alam Khan
|
| Lawyers |
Sultan Shahryar Khan Marwat,
Tariq Aziz Baloch, D.A.-G.,
Hamayun Khan Wazir
|
| Petitioners |
Haji Muhammad Noor
|
| Respondents |
THE STATE,
L.Rs.
|
| Citations |
2009 SLD 3310,
2009 PCRLJ 351
|
| Other Citations |
Naseer Ahmad v. The State PLD 1997 SC 347,
Muhammad Yaqoob v. The State 2006 SCMR 1265(2),
Muhammad Rawab v. The State 2004 SCMR 1170
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
|
| Sections |
497,
17(4)
|