| Case ID |
427e419c-5d0e-4e8e-a71e-c4a183170bad |
| Body |
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| Case Number |
Crl. M. BCA No. 30-M of 2016 |
| Decision Date |
Jun 08, 2016 |
| Hearing Date |
Jun 08, 2016 |
| Decision |
The Peshawar High Court set aside the impugned bail granting order dated 02.03.2016, recalling the bail previously granted to the accused Altaf Hussain. The court found the decision to grant bail was made in error, as the role of the accused was significantly different from that of the co-accused. The court noted that there were reasonable grounds to believe that the accused was prima facie connected to the commission of a brutal crime involving the murder of a young girl. The court emphasized the importance of evaluating the individual roles of each accused in such serious offenses and concluded that the principle of consistency was improperly applied in the original bail decision. The court thus directed that the accused be taken into custody and dealt with in accordance with the law. |
| Summary |
The case involves a serious criminal matter where the petitioner, Nisar Ahmad, sought the cancellation of bail granted to the accused, Altaf Hussain, for the murder of his daughter, Mst. Rabia. The Peshawar High Court scrutinized the initial bail decision, finding it to be a result of a careless and erroneous exercise of discretion. The court highlighted the grievous nature of the crime, describing how the young girl was brutally tortured and killed. It was determined that the accused had a direct role in the crime, which involved the use of electric shocks on the victim. This case underscores the critical importance of proper judicial assessment in bail decisions, particularly in cases involving severe allegations such as murder. The decision serves as a reminder that bail should not be granted lightly when serious evidence exists against an accused. Key terms include 'bail cancellation', 'murder case', 'Peshawar High Court', and 'criminal procedure'. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YOUNIS THAHEEM, J.
|
| Lawyers |
Mr. Abdul Halim Khan, Advocate,
Mr. Aurangzeb Khan, Advocate,
Mr. Rafiq Ahmed, Asstt. Advocate General
|
| Petitioners |
NISAR AHMAD
|
| Respondents |
STATE through Additional Advocate General, Darul Qaza, Swat and another
|
| Citations |
2016 SLD 1672,
2016 PLJ 784
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Criminal Procedure Code, 1898,
Pakistan Penal Code, 1860
|
| Sections |
497(5),
302,
148,
149
|