| Case ID |
43c9923c-922f-4a4f-b6ae-9be35e2c01ad |
| Body |
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| Case Number |
Criminal Bail Application No. S-624 of 2019 |
| Decision Date |
Jul 22, 2019 |
| Hearing Date |
Jul 22, 2019 |
| Decision |
The court granted bail to the applicants on the basis that they had not played an active role in the commission of the alleged offence. The court noted that the First Information Report (FIR) indicated that the victim was able to call for help, which led to the escape of the accused. The court emphasized that the question of facilitation required further investigation and that the applicants were not needed for any ongoing investigation, thus admitting them to bail upon furnishing surety. |
| Summary |
This case revolves around the bail application of the accused, Chelo and others, who were implicated in a serious crime involving alleged rape. The court, while considering the bail application, scrutinized the FIR and found that the applicants had not been directly involved in the commission of the crime but were merely present. The case highlights the importance of evaluating the role of each accused in criminal proceedings, especially when it comes to the grant of bail. The court's decision reflects the legal principles surrounding bail in Pakistan, including the necessity for further inquiry into the allegations. The ruling underscores the judicial discretion exercised in bail matters, especially in cases involving severe accusations such as those under the Pakistan Penal Code regarding rape. This decision could serve as a precedent for similar cases where the role of the accused is ambiguous and requires a deeper investigation. Legal professionals and advocates must remain cognizant of the implications of such rulings in future cases. Keywords: bail application, criminal procedure, Pakistan Penal Code, judicial discretion, legal principles, rape allegations, court ruling. |
| Court |
Sindh High Court, Hyderabad Bench
|
| Entities Involved |
Not available
|
| Judges |
SALAHUDDIN PANHWAR, JUSTICE
|
| Lawyers |
Sulleman Dahri for Applicants,
Shahzado Saleem Nahyoon, Deputy Prosecutor General, Sindh,
Aijaz Ahmed Shaikh SSP Umerkot,
Fazal Haq, DSP Umar Kot,
Vijay Kumar SHO, Police Station Taluka
|
| Petitioners |
CHELO AND ANOTHERS
|
| Respondents |
THE STATE
|
| Citations |
2020 SLD 1940,
2020 YLR 1406
|
| Other Citations |
Aamir Bashir v. State 2017 SCMR 2060,
Khalid Javed Gillan v. State (PLD 1978 SC 256)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
34,
376
|