| Case ID |
50907a87-653f-4ce5-a2f4-7b93ec55a949 |
| Body |
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| Case Number |
Criminal Bail Application No. 37 of 2021 |
| Decision Date |
Feb 04, 2021 |
| Hearing Date |
Feb 01, 2021 |
| Decision |
The bail application was allowed based on the principle of consistency where similar co-accused were granted bail. The applicants were implicated in the FIR but specific roles were not assigned to them. The learned counsel argued that the evidence was contradictory, and since the co-accused Sher Ali was granted bail under similar circumstances, the applicants were also entitled to the same concession. The court noted that mere involvement in serious offences does not automatically deny bail, especially when the benefit of doubt can be extended at the bail stage. |
| Summary |
The Balochistan High Court addressed a criminal bail application involving serious allegations under multiple sections of the Penal Code. The case revolved around the applicants, MAQBOOL AHMED and another, seeking bail against the State's opposition. The court emphasized the importance of the principle of consistency in granting bail, noting that the applicants were implicated without specific roles attributed to them. The decision highlighted the legal precedent where the benefit of the doubt could be extended at the bail stage, especially when considering the circumstances surrounding the case. The ruling underscored that the nature of the allegations does not preclude the possibility of bail, reinforcing the rights of the accused to seek release pending trial. The court directed the trial court to expedite the proceedings. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED BALOCH, J
|
| Lawyers |
Nauroz Khan for Applicants,
Wajahat Ghaznavi, State Counsel
|
| Petitioners |
MAQBOOL AHMED and another
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 3016,
2022 YLR 798
|
| Other Citations |
2014 YLR 954,
2019 YLR 96,
2020 SCMR 971
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
147,
148,
149
|