| Case ID |
3bce2be0-31d2-4c93-bb23-492d45c3909b |
| Body |
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| Case Number |
Criminal Miscellaneous No. 8022-BC of 2011 |
| Decision Date |
Dec 20, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition for cancellation of bail for the respondents, finding no exceptional or extraordinary circumstances to interfere with the bail granted by the Additional Sessions Judge. The court noted that the investigating officer had verified the alibi of the accused during the investigation, and there was insufficient evidence to link the accused to the crime. The decision emphasized that a bail order can only be recalled if it is patently illegal or results in a miscarriage of justice, which was not established in this case. |
| Summary |
This case revolves around the application for cancellation of bail for two accused involved in a serious criminal offense under sections 302, 109, 120-B, 148, and 149 of the Penal Code. The Lahore High Court analyzed the circumstances under which bail could be revoked, specifically referencing the Criminal Procedure Code. The court found that the accused had not been proven to be involved in the murder during the investigation, and their alibi was substantiated. The decision underscored the importance of substantial evidence in revoking bail, particularly in cases involving serious charges like Qatl-e-amd. The ruling serves as a precedent for future bail applications, highlighting the legal standards required for canceling bail in criminal cases. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID HAMEED DAR, J
|
| Lawyers |
Rana Maqsood-ul-Haq,
Rana Tasawar Ali Khan,
Agha Nayyar Latif
|
| Petitioners |
SILKE INGRID RASSMANN
|
| Respondents |
The STATE,
Irfan Inspector,
Muhammad Riaz S.I.
|
| Citations |
2013 SLD 2774,
2013 YLR 1963
|
| Other Citations |
PLD 2009 SC 446,
2011 SCMR 710,
2011 SCMR 1648
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(5),
497(2),
302,
109,
120-B,
148,
149
|