| Case ID |
5c864823-4eec-4f7c-a4e4-cf30fafbb396 |
| Body |
View case body. Login to View |
| Case Number |
Pre-Arrest Bail Application No. S-23 and M.As. Nos |
| Decision Date |
Jan 16, 2012 |
| Hearing Date |
|
| Decision |
The court refused the pre-arrest bail application of the applicant SHOUKAT alias SHAFQATULLAH, citing that he had a specific role during the crime. The applicant allegedly stood guard while co-accused committed acts of rape and filmed the victim. The court emphasized the seriousness of the charges, highlighting that the applicant's actions constituted vicarious liability. The decision was based on the assessment of the FIR, which indicated that the applicant facilitated the co-accused's criminal actions. The court noted that the medical report supported the complainant's claims and that the case fell within the prohibitory clause of Section 497 of the Criminal Procedure Code. As a result, the application for bail was dismissed, and the court stated that if a post-arrest bail application was filed, it would be considered on its merits. |
| Summary |
In the case of SHOUKAT alias SHAFQATULLAH vs. THE STATE, the Sindh High Court dealt with a pre-arrest bail application concerning serious allegations of rape and associated crimes under the Criminal Procedure Code and the Penal Code. The court examined the role of the applicant, who was alleged to have participated in the crime by standing guard while others committed the offences. The court highlighted the importance of the medical report and the specifics outlined in the FIR, which detailed the actions of the accused and the co-accused. The court's decision to refuse bail was grounded in the principles of vicarious liability and the gravity of the charges, emphasizing that such serious allegations warranted the denial of bail. This case underscores the legal complexities surrounding pre-arrest bail applications in contexts involving severe criminal allegations, reflecting the judiciary's approach to safeguarding societal interests against heinous crimes. The ruling serves as a critical reference point for future cases involving similar allegations, illustrating the court's commitment to upholding the law and protecting victims' rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID ANWAR BAJWA, J
|
| Lawyers |
Not available
|
| Petitioners |
SHOUKAT alias SHAFQATULLAH
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2756,
2012 PLD 174
|
| Other Citations |
Hussain Bux v. State 2004 PCr.LJ 1397
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
375,
376,
449,
148,
149
|