| Case ID |
5126789c-4e76-4e4a-b13d-84b214746acc |
| Body |
View case body. Login to View |
| Case Number |
Criminal Misc. No. 8102-B of 2015 |
| Decision Date |
Jul 27, 2015 |
| Hearing Date |
|
| Decision |
The Lahore High Court granted bail to the petitioner, Touqeer Ahmad, in a case where he was accused of murder under sections 302 and 34 of the Pakistan Penal Code. The court found that the evidence presented against the petitioner was weak, particularly due to the lack of a clear cause of death as determined by the medical examination. The court emphasized that mere abscondence of the accused cannot be the sole basis for denying bail and that the investigation was complete, making further detention unnecessary. The decision also highlighted that the petitioner had been falsely implicated, and the delay in lodging the FIR raised questions about the credibility of the complainant's case. Hence, the petitioner was admitted to bail upon furnishing bonds. |
| Summary |
In the case of Touqeer Ahmad vs The State, the Lahore High Court addressed a petition for post-arrest bail under Section 497 of the Criminal Procedure Code. The petitioner was accused of murder, yet several factors led to the court's decision to grant bail. Notably, the complainant failed to provide any eyewitness testimony, and the post-mortem examination was conducted with significant delays, leading to no definitive cause of death. Legal precedents were cited, emphasizing that absconding alone does not warrant bail denial. The court's analysis underscored the principles of justice and the importance of evidentiary support in criminal proceedings. This case serves as a pivotal reference for bail applications in similar circumstances, reinforcing the necessity for credible evidence and the rights of the accused. Keywords: bail, criminal procedure, Lahore High Court, evidentiary support, justice system. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Farrukh Gulzar Awan
|
| Lawyers |
Learned counsel for the petitioner,
Learned DDPP,
Learned counsel for the complainant
|
| Petitioners |
Touqeer Ahmad
|
| Respondents |
The STATE and OTHERS
|
| Citations |
2016 SLD 2849 = 2016 MLD 798
|
| Other Citations |
Allah Ditta v. The State and others 2012 SCMR 184,
Sultan Mahmood v. Mansoor Shamsi and another 2015 PCr.LJ 90,
Malik Dino and others v. The State 2002 PCr.LJ 783,
Abid Ali v. The State 2011 SCMR 161,
Mst. Maria Khan v. The State and another 2013 SCMR 49,
Talib Jan v. The State and another 2012 SCMR 265
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
302
|