| Case ID |
44fba9fb-10e8-474d-9338-fc5bb6a89fb6 |
| Body |
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| Case Number |
Crl. Misc No. 57628-B of 2019 |
| Decision Date |
Oct 14, 2019 |
| Hearing Date |
Oct 14, 2019 |
| Decision |
The petition for post-arrest bail was accepted based on the principle that the determination of vicarious liability should be assessed during the trial rather than at the bail stage. The court noted that the prosecution's evidence was insufficient to connect the petitioner to the crime at this stage, and the petitioner had already been in custody since August 19, 2019. The court emphasized that further incarceration would not serve any useful purpose, and thus granted bail subject to the petitioner providing bail bonds. The decision highlighted the importance of evaluating evidence thoroughly before making bail determinations. |
| Summary |
This case revolves around a petition for post-arrest bail filed by Muhammad Nadeem in the Lahore High Court. The petitioner was nominated in FIR No. 173/2019, concerning serious charges under sections of the Pakistan Penal Code related to murder. The court analyzed the circumstances surrounding the petitioner's involvement in the alleged crime, emphasizing that the evidence presented by the prosecution did not sufficiently establish a direct connection to the crime at this stage. The judgement reinforced the legal principle that questions of vicarious liability should be addressed during the trial, not at the bail hearing. The ruling is significant in the context of criminal procedure, highlighting the court's discretion in bail matters and the necessity for a thorough examination of the evidence before making determinations that could impact an individual's liberty. Keywords such as 'post-arrest bail', 'vicarious liability', 'criminal procedure', and 'Lahore High Court' are crucial for understanding the legal landscape and implications of this case, making it a relevant reference for ongoing discussions in criminal law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD SARFRAZ DOGAR, J.
|
| Lawyers |
Mr. Naila Mushtaq Ahmed Dhoon,
Mushtaq Ahmed Dhoon,
Mr. Ikraam Ullah Khan Niazi
|
| Petitioners |
MUHAMMAD NADEEM
|
| Respondents |
STATE ETC
|
| Citations |
2021 SLD 2853,
2021 PLJ 238
|
| Other Citations |
2009 YLR 1076,
2011 SCMR 161
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
302,
311,
34
|