| Case ID |
3cd91273-4e75-48ca-9a08-e1c13f44ab0d |
| Body |
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| Case Number |
Cr.Misc. No. 70453-B of 2017 |
| Decision Date |
Oct 04, 2017 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioners, Abdul Rauf and Farooq, after considering the circumstances of the case, including their previous non-convict status and the completion of the investigation. The court emphasized that the prosecution's case appeared to be one of further inquiry and that further incarceration would not serve any useful purpose. The opinion of the police was taken into account, although it was noted that it was not binding on the court. The court highlighted the conflict between ocular and medical evidence and stated that the issue of sharing common intention for murder would be decided by the trial court after recording evidence. The bail was granted on the condition of furnishing a bail bond of Rs. 200,000 each with two sureties. |
| Summary |
In the case of Abdul Rauf and Farooq vs. The State, the Lahore High Court addressed the issue of bail under the Criminal Procedure Code. The petitioners sought bail after being arrested in connection with FIR No. 168/2016, which involved serious charges under the Penal Code, including murder and attempted murder. The court analyzed the evidence presented, noting that the petitioners were not directly implicated in causing the death of the deceased, Muhammad Asif. The court recognized the importance of the principle of benefit of the doubt, especially at the bail stage. It was determined that the case required further inquiry, and the petitioners had already been in custody for an extended period. The decision reinforced the legal standards for granting bail, balancing the rights of the accused with the interests of justice. Keywords such as 'bail', 'Lahore High Court', 'Criminal Procedure Code', and 'Penal Code' are essential for understanding the legal context of this decision. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN
|
| Lawyers |
Ch. Imran Raza Chadhar,
Muhammad Irfan Zia,
Nisar S.-I.,
Rana Wajid Maqsood
|
| Petitioners |
ABDUL RAUF,
FAROOQ
|
| Respondents |
ANOTHER,
THE STATE
|
| Citations |
2018 SLD 1147,
2018 PCRLJ 834
|
| Other Citations |
Ehsan Ullah v. The State 2012 SCMR 1137,
Syed Khalid Hussain Shah v. The State 2014 SCMR 12,
Imbrass and another v. The State and another 2016 SCMR 1558
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
148,
149
|