| Case ID |
3b91559e-3232-4824-a1b6-041a913774fb |
| Body |
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| Case Number |
Criminal Petition No. 461 of 2023 |
| Decision Date |
May 24, 2023 |
| Hearing Date |
May 24, 2023 |
| Decision |
The petition for leave to appeal was dismissed, and the accused was refused bail. The court found sufficient incriminating material to connect the accused with the alleged offences, including witness statements and CCTV footage. It was determined that the accused posed a risk of absconding and influencing witnesses, justifying the refusal of bail under the Criminal Procedure Code. The court also directed the Inspector General of Police to ensure the recovery of the alleged abductee and to supervise the investigation. |
| Summary |
In this significant ruling by the Lahore High Court, the court addressed various serious allegations against the petitioner, Hilal Khattak, including Qatl-i-amd (intentional murder), house-trespass, and kidnapping. The court emphasized the importance of maintaining the sanctity and privacy of the home, as protected under Article 14 of the Constitution of Pakistan. This case highlighted the necessity of stringent enforcement of laws against serious offenses such as house-breaking and abduction. The decision underscored the court's commitment to preventing potential influence on witnesses and safeguarding the alleged abductee's rights during the investigation process. The ruling reflects an ongoing effort to ensure justice is served while considering the gravity of the charges and the evidence presented, including witness statements and CCTV footage. The court's decision to refuse bail was based on the likelihood of the accused absconding and the potential risk to the alleged abductee, emphasizing the need for robust legal frameworks to protect individuals from serious crimes. |
| Court |
Lahore High Court
|
| Entities Involved |
The STATE
|
| Judges |
Syed Mansoor Ali Shah,
Syed Hasan Azhar Rizvi
|
| Lawyers |
Khalid Anwar Afridi
|
| Petitioners |
HILAL KHATTAK
|
| Respondents |
The STATE,
|
| Citations |
2023 SCMR 1182,
2023 SLD 1427
|
| Other Citations |
Nazar Muhammad v. State PLD 1978 SC 236,
Muhammad Rashid v. State 1979 SCMR 92,
Asandas v. State 1975 SCMR 237,
Ghulam Nabi v. State 1996 SCMR 1023,
Tariq Bashir v. State PLD 1995 SC 34,
Zafar Iqbal v. Muhammad Anwar 2009 SCMR 1488,
Muhammad Tanveer v. State PLD 2017 SC 733,
Iftikhar Ahmad v. State PLD 2021 SC 799,
Semayne case (1604) 5 Coke 91
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
311,
324,
452,
365,
337-A(ii),
148,
149
|