| Case ID |
67c7c133-2cf9-4d8a-ac17-12b3a44d8061 |
| Body |
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| Case Number |
Criminal Miscellaneous No.3404-B of 2007 |
| Decision Date |
Jul 06, 2007 |
| Hearing Date |
|
| Decision |
The petition for post-arrest bail was dismissed because the petitioner, Khizer Hayat, was specifically named in the FIR with a role that involved causing injury under section 337-A(iii) of the Penal Code, which carries a potential sentence of 10 years. The court noted that the allegations against the petitioner were substantiated by the medico-legal report, which corroborated the injuries attributed to him. Additionally, the petitioner failed to demonstrate any malice or ill will from the complainant or the police regarding his involvement in the case. Ample incriminating evidence was available, and the court highlighted that the distinction between the petitioner and his co-accused was not sufficient to warrant bail. Consequently, the petition was dismissed, and the court issued a notice to the co-accused regarding the cancellation of their bail. |
| Summary |
In the case of Criminal Miscellaneous No.3404-B of 2007, the Lahore High Court addressed the petition for post-arrest bail filed by Khizer Hayat, who was implicated in a serious crime under the Penal Code. The decision emphasized the legal framework provided by the Criminal Procedure Code and the significant weight of the medico-legal evidence presented. The court determined that the petitioner was directly connected to the injuries inflicted, thus reinforcing the legal standards for bail under section 497. The ruling highlighted the importance of established legal precedents and the necessity for clear evidence in bail proceedings. This case serves as a critical reference for understanding the application of criminal law in Pakistan, particularly regarding serious offenses that warrant strict scrutiny under the law. Keywords: bail, Lahore High Court, criminal procedure, Penal Code, medico-legal evidence, legal standards, serious offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Tariq Shamim
|
| Lawyers |
Zulfiqar Ali,
Ch. Muhammad Aslam Shaharyar,
Ch. Amjad Hussain,
Muhammad Aslam S.-I.
|
| Petitioners |
KHIZER HAYAT
|
| Respondents |
THE STATE
|
| Citations |
2008 SLD 6816,
2008 PCRLJ 414
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
337-A(i),
337-A(iii)
|