| Case ID |
3cbf55d0-7d4b-4c3f-9c8f-e9ace129514c |
| Body |
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| Case Number |
Criminal Bail Application No.407 of 2013 |
| Decision Date |
Aug 21, 2013 |
| Hearing Date |
Aug 19, 2013 |
| Decision |
The court granted bail to the applicant, Khan Muhammad, who was accused of theft of electricity. The applicant had been in custody since July 25, 2013, and the investigation was completed, indicating that he was not required for further interrogation. The court took into account that the offences charged were bailable in nature and that the applicant's continued detention served no beneficial purpose. It emphasized the principle that in bailable offences, the grant of bail is a right, not a favor. The decision highlighted the provisions of the law regarding double jeopardy and necessary conditions for bail, ultimately allowing bail on the condition of a surety bond. |
| Summary |
In the case of Khan Muhammad vs. The State, the Balochistan High Court addressed the issue of bail concerning theft of electricity. The applicant was charged under multiple laws, including the Criminal Procedure Code and the Penal Code for allegedly stealing electricity via a direct connection. The court noted that the applicant had been in custody for several weeks, and the investigation had concluded. The ruling emphasized the importance of not subjecting individuals to prolonged detention without necessity, especially in cases where the charges were bailable. The court referenced previous case law to support its decision to grant bail, underscoring the legal principles that protect individuals from being punished before their trial. This case highlights critical aspects of criminal law, including the rights of the accused, the nature of bailable offences, and the significance of timely judicial intervention in bail matters. The ruling serves as a precedent in ensuring that the legal rights of individuals are upheld, particularly in relation to bail and the prevention of double jeopardy under the Constitution of Pakistan. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD HASHIM KHAN KAKAR, J
|
| Lawyers |
Mr. Abdul Hayee,
Miss Sarwat Hina
|
| Petitioners |
KHAN MUHAMMAD
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 1190 = 2014 PCRLJ 48
|
| Other Citations |
Tariq Bashir v. The State PLD 1995 SC 34,
Zafar Iqbal v. Muhammad Anwar 2009 SCMR 1488
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Prevention of Corruption Act (II of 1947),
Electricity Act (IX of 1910),
Constitution of Pakistan
|
| Sections |
403,
497,
379,
5(2),
39,
39-A,
13
|