| Case ID |
4292b158-c01b-4382-9cba-cbe19bf0ffde |
| Body |
View case body. Login to View |
| Case Number |
Crl. Misc. No. 3247-B of 2018 |
| Decision Date |
Nov 06, 2018 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted pre-arrest bail to the petitioner, Muhammad Shahzad Alias Mati, in a case involving serious allegations of sodomy. The court found that there were significant gaps in the prosecution's case, including an inordinate delay of one week in lodging the FIR without any explanation. Moreover, there was no independent eyewitness evidence and the only statement came from the victim, Muhammad Ramzan. Medical examinations revealed no supporting evidence of the alleged crime, and the video evidence did not show the petitioner. The court emphasized the need for further inquiry to determine the truth of the allegations, highlighting that the possibility of false implication could not be ruled out. Consequently, the court confirmed the bail subject to the petitioner furnishing a fresh bail bond. |
| Summary |
This case revolves around the application for pre-arrest bail filed by Muhammad Shahzad Alias Mati, who faced accusations of sodomy under various sections of the Pakistan Penal Code. The Lahore High Court, presided by Justice Tariq Saleem Sheikh, critically analyzed the evidence presented by the prosecution. The court noted a significant delay in the filing of the FIR, which raised doubts about the credibility of the complaint. Furthermore, the absence of eyewitnesses and the reliance on the victim's solitary statement without corroborative evidence weakened the prosecution's position. Medical examinations did not support the allegations, with reports indicating no signs of trauma. The court's decision underscored the importance of a thorough investigation and the potential for false implications in such serious cases. Ultimately, the court granted bail to the petitioner, emphasizing that the legal principles of justice must be upheld, especially in sensitive cases involving allegations of sexual offenses. This case highlights the critical need for substantial evidence and the judicial system's role in protecting individuals from unsubstantiated claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
TARIQ SALEEM SHEIKH, JUSTICE
|
| Lawyers |
Syed Jaffar Tayyar Bukhari, Advocate,
Ms. Asmat Parveen, DDPP,
Mr. Khan Irfan Ahmad Khan Alizai, Advocate
|
| Petitioners |
MUHAMMAD SHAHZAD ALIAS MATI
|
| Respondents |
STATE AND ANOTHER
|
| Citations |
2019 SLD 351,
2019 PLJ 22
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
498,
292,
367-A,
377
|