| Case ID |
44d61386-5ab2-4bf5-b2ee-e05bffdce393 |
| Body |
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| Case Number |
Criminal Miscellaneous Application No. 1110 of 200 |
| Decision Date |
Oct 17, 2001 |
| Hearing Date |
Oct 16, 2001 |
| Decision |
The court granted bail to the petitioner, Bihar Ali, on the grounds that the recovery of the alleged illicit arms was not conducted in accordance with the law. The discrepancies in the recovery memo and the absence of critical evidence linking the recovered hand-grenade to the case raised reasonable doubts about the prosecution's claims. The court emphasized that matters regarding the enmity between the accused and the police constable who registered the case should be addressed during the trial. Given the circumstances, the court deemed that the case required further inquiry and thus accepted the application for bail, requiring a bond of Rs. 1,00,000 with two reliable sureties. |
| Summary |
In this case, the Peshawar High Court addressed the application for bail submitted by Bihar Ali, who was apprehended under various laws including the Criminal Procedure Code, the West Pakistan Arms Ordinance, and the Explosive Substances Act. The case revolved around the legality of the recovery of a hand-grenade and a rifle, amid allegations of police misconduct. The court found significant inconsistencies in the evidence presented, particularly regarding the recovery memo and the involvement of witnesses. The judgment underscored the importance of adhering to legal procedures during arrests and evidence collection, highlighting the necessity for fair trials and the presumption of innocence. As a result, the court granted bail to the petitioner, emphasizing the potential for bias in the case due to the accused's known enmity with a police constable involved in the investigation. This case serves as a critical reminder of the legal safeguards in place to protect individuals from wrongful detention and the importance of credible evidence in criminal proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Sardar Muhammad Raza, CJ
|
| Lawyers |
Nek Nawaz Khan Awan,
Abdul Karim
|
| Petitioners |
Bihar Ali
|
| Respondents |
The State
|
| Citations |
2002 SLD 865,
2002 PCRLJ 124
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
West Pakistan Arms Ordinance (XX of 1965),
Explosive Substances Act (XI of 1908),
Surrender of Illicit Arms Act (XXI of 1991)
|
| Sections |
497,
13,
5,
7
|