| Case ID |
d5579c80-0037-4643-8d62-0cddb06784b0 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 3421/B of 2009 |
| Decision Date |
Nov 24, 2009 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Ashiq Muhammad, due to the lack of implicating evidence against him. The petitioner was not named in the FIR, and his involvement was based solely on the statement of a co-accused. The court emphasized the need for further inquiry into the evidence and noted that the petitioner had been in custody for over six months. The decision was made in light of the circumstances surrounding the case and the absence of other substantial evidence to support the charges. |
| Summary |
In the case of Ashiq Muhammad vs. The State, the Lahore High Court deliberated on the petitioner's request for post-arrest bail concerning charges of dacoity under sections 395 and 412 of the Penal Code. The petitioner was not named in the FIR and had not undergone any identification tests. The prosecution's case relied heavily on the statements of co-accused individuals, raising concerns about the evidentiary value of such testimony. The court ruled that the petitioner should be granted bail, as the evidence presented was insufficient to sustain the charges against him. This case highlights critical aspects of criminal procedure, especially regarding the presumption of innocence and the burden of proof. The court's decision reflects a balanced approach to ensuring justice while recognizing the rights of the accused. Keywords: bail, criminal procedure, Lahore High Court, dacoity, evidentiary value, presumption of innocence, legal rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IFTIKHAR HUSSAIN
|
| Lawyers |
Haumyun Said Rasool,
Ishfaq Ahmad Malik
|
| Petitioners |
Ashiq Muhammad
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2010 SLD 2818,
2010 PCRLJ 475
|
| Other Citations |
Iftikhar alias Bodi v. The State 2005 YLR 527
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
395,
412
|