| Case ID |
4526e4ca-8070-4cb7-8075-c5861eefb8eb |
| Body |
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| Case Number |
Criminal Bail Application No. S-574 of 2016 |
| Decision Date |
Feb 16, 2017 |
| Hearing Date |
|
| Decision |
The Sindh High Court granted pre-arrest bail to the petitioners, Akhtiar Ahmed and Mukhtiar, on the grounds that the complainant and key witnesses had sworn affidavits exonerating them from the alleged offences. The court noted that the complainant had been compensated and had no objection to the bail being granted. It was determined that the case required further inquiry due to inconsistencies in the prosecution's evidence, including a significant delay in recording witness statements and the lack of plausible explanations for the victim's silence for several months. The court emphasized that the affidavits submitted indicated that the prosecution's case was weak and that the petitioners were entitled to bail as a matter of right. |
| Summary |
In the case of Criminal Bail Application No. S-574 of 2016, the Sindh High Court ruled on the pre-arrest bail application of Akhtiar Ahmed and Mukhtiar, who faced serious allegations under the Pakistan Penal Code, including rape and criminal intimidation. The court's decision was influenced by the affidavits of the complainant and witnesses, who stated they had been compensated and no longer wished to pursue the case against the petitioners. The court found that the prosecution's case was undermined by delays and inconsistencies, leading to a conclusion that further inquiry was warranted. This case highlights the importance of witness credibility and the impact of extrajudicial settlements on the judicial process, particularly in sensitive criminal matters. The significance of timely and credible evidence in securing convictions was also underscored, making this case a critical reference point for future bail applications in similar contexts. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD SALEEM JESSAR
|
| Lawyers |
Zafar Khalil Ahmed Jakhrani,
Khadim Hussain Khooharo
|
| Petitioners |
Mukhtiar,
Akhtiar Ahmed
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 2683 = 2018 PCRLJ 2
|
| Other Citations |
Muhammad Najeeb v. State 2009 SCMR 448,
Syed Iftikhar Hussain Shah v. Syed Sabir Hussain Shah and 2 others 1998 SCMR 466,
Sajid alias Chitta's case 2016 SCMR 2089,
Naseer Ahmed v. The State PLD 1997 SC 347
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
498,
338-C,
376,
506
|