| Case ID |
42822027-2600-4b69-9569-00b659d2f719 |
| Body |
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| Case Number |
Criminal Miscellaneous (BA) No. 787 of 2012 |
| Decision Date |
Jun 29, 2012 |
| Hearing Date |
|
| Decision |
The application for bail was allowed as the accused, AMEER ULLAH, was a first-time offender and the prosecution had not established that he was required for further investigation. The court noted that the case did not fall within the prohibitory clause of Section 497 of the Criminal Procedure Code, which generally allows bail in non-prohibitory cases. The court emphasized the principle that the accused should not be punished before trial and that unjustified incarceration could not be rectified. The bail was granted with conditions, including the requirement for sureties. |
| Summary |
In the case of Criminal Miscellaneous (BA) No. 787 of 2012, the Peshawar High Court addressed the application for bail filed by AMEER ULLAH, who was accused of operating a hundi/hawala business without a license, in violation of the Foreign Exchange Regulation Act. The court examined the allegations against him, noting that no independent witnesses were present during the recovery of evidence. The court highlighted that the accused was a first-time offender and that the case did not fall under the prohibitory clause, thus favoring the grant of bail. The decision underscored important legal principles regarding bail rights and the necessity of not detaining individuals unjustly prior to trial. The ruling emphasized that bail should be granted unless there are exceptional circumstances warranting its denial. This case contributes to the legal discourse on bail rights and the treatment of first-time offenders in criminal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
WAQAR AHMAD SETH, J
|
| Lawyers |
Mukhtiar Ali,
Javed Ali
|
| Petitioners |
AMEER ULLAH
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2290,
2012 PCRLJ 1858
|
| Other Citations |
Zafar Iqbal v. Muhammad Anwar and others 2009 SCMR 1488
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Foreign Exchange Regulation Act (VII of 1947)
|
| Sections |
497,
4,
23
|