| Case ID |
7362f3d6-486f-4baf-803e-67e110e13f18 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 7045-B of 2012 |
| Decision Date |
Jun 08, 2012 |
| Hearing Date |
|
| Decision |
The bail petition of the accused, Waqar Ali alias Boadi, was dismissed. The court found that although the FIR was registered against an unknown person, the FIR included a detailed description of the accused. The FIR was filed the day after the incident, which did not constitute an unreasonable delay. The motorcycle owned by the complainant was recovered from the accused, and the complainant identified it as his own. The court noted that the accused could not benefit from Section 103 of the Criminal Procedure Code since he led to the recovery of the stolen motorcycle. Given that the charges fell under the prohibitory clause of Section 497, the accused was not entitled to bail. |
| Summary |
In the case of WAQAR ALI alias BOADI vs THE STATE, the Lahore High Court addressed the issue of bail under the Criminal Procedure Code and the Penal Code concerning robbery and receiving stolen property. The petitioner sought bail after being implicated in a robbery where a motorcycle was snatched at gunpoint. The court meticulously analyzed the FIR, which, although filed against an unknown person, contained significant details identifying the accused. The court emphasized the importance of the FIR's timing and the recovery of the stolen item from the accused. The decision reinforced the legal standards for granting bail and the application of Sections 392 and 411 of the Penal Code, highlighting the judiciary's commitment to upholding the law in cases involving serious offenses like robbery. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAWAR ALI
|
| Lawyers |
Zia ur Rehman Chaudhry,
Ch. Muhammad Ishaq,
Shakhawat Ali A.S.I
|
| Petitioners |
WAQAR ALI alias BOADI
|
| Respondents |
THE STATE
|
| Citations |
2012 SLD 2564,
2012 YLR 2374
|
| Other Citations |
Gulsher and another v. The State 2004 YLR 602,
Ali Khan and another v. The State 2010 PCr.LJ 11,
Riaz Hussain v. The State 2010 MLD 1127
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
103,
392,
411
|