| Case ID |
5cbaf4d3-55c2-4c71-8451-a0892ed94015 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 1093-B of 2009 |
| Decision Date |
Apr 04, 2009 |
| Hearing Date |
|
| Decision |
The petitioner seeks post-arrest bail in case F.I.R. No. 337 dated 5-10-2008 registered under sections 302/324/148/149/337-A(ii)/337-A(iii)/337-F(iii) 337-F(v) P.P.C. at Police Station Karor District Layyah. The prosecution case indicates that on 5-10-2008, the petitioner, armed with an iron rod, along with 12 others, assaulted the complainant party. Despite the petitioner being named in the F.I.R., no specific role was attributed to him, and several injuries sustained by the accused party were not mentioned in the F.I.R. The case revolves around the complexity of assigning specific roles during a chaotic incident involving multiple parties. The court ultimately allowed the petition for bail, citing a need for further inquiry under section 497(2) Cr.P.C. The decision emphasized that while the petitioner was named in the F.I.R., the lack of specific allegations against him warranted his release on bail, pending further investigation. |
| Summary |
This case revolves around the intricacies of criminal law, focusing on the application of the Criminal Procedure Code (V of 1898) and the Pakistan Penal Code, 1860. The petitioner sought bail after being implicated in a serious incident involving multiple defendants and injuries. The court highlighted the challenges in assigning specific roles in chaotic situations and emphasized the need for a thorough investigation before determining liability. This decision reflects the court's commitment to ensuring justice while balancing the rights of the accused. Key legal principles such as vicarious liability and the burden of proof were central to the court's consideration, making this case significant for future references in criminal jurisprudence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED ZULFIQAR ALI BOKHARI
|
| Lawyers |
Shahbaz A. Rizvi,
Mahr Habib Ullah Girwa,
Syed Mukhtar Masood Bokhari, DDPP
|
| Petitioners |
Not available
|
| Respondents |
THE STATE AND ANOTHERS
|
| Citations |
2010 SLD 1247,
2010 YLR 253
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
148,
149,
302,
324,
337-A(ii),
337-A(iii),
337-F(iii),
337-F(v)
|