| Case ID |
3afe10df-e68d-4d29-ad89-7e4c9284c4c1 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 188-B of 2013 |
| Decision Date |
Feb 01, 2013 |
| Hearing Date |
|
| Decision |
The court granted the petitioner's request for post-arrest bail based on the contradictions between ocular and medical evidence. The injury attributed to the petitioner was an exit wound, indicating that the prosecution's narrative was flawed. Notably, out of twelve accused named in the FIR, ten were found innocent during the investigation, which further undermined the prosecution's case. The court emphasized that the liberty of individuals is a constitutional right, and one cannot be detained indefinitely based on mere allegations. As a result, Faisal Ayub was admitted to bail upon furnishing bonds. |
| Summary |
In the case of Faisal Ayub vs. The STATE, the Lahore High Court addressed critical issues surrounding bail under the Criminal Procedure Code, highlighting the importance of fair legal representation and the presumption of innocence. The case revolved around serious charges including Qatl-e-amd and rioting with deadly weapons. The petitioner, Faisal Ayub, sought bail after being implicated in a murder case. The court found significant inconsistencies in the evidence presented, notably between medical reports and eyewitness accounts. The ruling stressed that when the prosecution's case is weak, especially with many accused found innocent, the accused must be granted bail. This case underscores the legal principles of justice and the rights of individuals within the judicial system, making it a pivotal reference for future bail applications where evidence is contradictory. |
| Court |
Lahore High Court
|
| Entities Involved |
District Faisalabad,
Police Station Sahianwala,
Ahsan Akhtar
|
| Judges |
SAYYED MAZAHAR ALI AKBAR NAQVI, J
|
| Lawyers |
Muhammad Sharif Sahi,
Mian Muhammad Awais Mazhar,
Asghar Ali Gill,
|
| Petitioners |
Faisal Ayub
|
| Respondents |
The STATE,
|
| Citations |
2013 SLD 2890,
2013 YLR 2551
|
| Other Citations |
Pir Bux v. The State 2012 SCMR 1955,
Bagh Ali's case PLD 1973 SC 321,
Mumtaz v. The State 2012 SCMR 556,
Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
302,
148,
149
|