| Case ID |
5cb32e0b-8a22-40c8-be1c-a7f41516bdee |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 886 of 2008 |
| Decision Date |
|
| Hearing Date |
Sep 26, 2008 |
| Decision |
The court has granted bail to the petitioner Hayatullah in the case registered under F.I.R. No. 881 dated 30-11-2007. The court found that the complainant's satisfaction regarding the accused's involvement was based on uncorroborated statements without any substantial evidence. The mere heinousness of the crime or direct charges in the F.I.R. are insufficient grounds to deny bail. The court emphasized the need for a careful judicial approach in assessing the evidence and the circumstances surrounding the case. The decision underscores the principle that bail should not be denied based solely on the nature of the crime but must consider all available evidence and the presumption of innocence until proven guilty. |
| Summary |
In the Peshawar High Court case of Criminal Miscellaneous No. 886 of 2008, the petitioner Hayatullah sought bail in connection with serious charges under sections of the Pakistan Penal Code, including murder and other offenses. The court analyzed the evidence presented, noting that the complainant's claims lacked corroboration and were based on mere imagination. It highlighted the importance of reasonable grounds for believing an accused's guilt before denying bail, particularly in non-bailable offenses. The ruling reiterates the need for trial courts to avoid a mechanical approach to bail petitions, instead making a tentative assessment of all evidence to uphold the rights of the accused. This decision is significant in ensuring that the principles of justice and fair trial are maintained, emphasizing that the nature of the crime alone cannot dictate the denial of bail. It serves as a reminder of the judicial responsibility to protect individual liberties while balancing the interests of justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Dost Muhammad Khan, J
|
| Lawyers |
Astaghfirullah Khan,
Niaz Ali Khan,
Shaukat Ali Khan
|
| Petitioners |
Hayatullah
|
| Respondents |
another,
Lal Badshah
|
| Citations |
2009 SLD 250,
2009 PLD 28
|
| Other Citations |
Hafiz Khuda Bakhsh and another v. The State PLD 1988 SC 413,
Syed Ahmed Ali Rizvi and another v. The State PLD 1995 SC 500,
Khalid Javed Gillani v. The State PLD 1978 SC 256
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
497(1),
497(2),
302,
34,
148,
149,
427
|