| Case ID |
d646a5fd-0360-48f4-9cbc-6c2423f40903 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Bail Applications Nos.683 and 794 of 2001 |
| Decision Date |
Aug 27, 2001 |
| Hearing Date |
Aug 27, 2001 |
| Decision |
The court granted bail to the applicants Nazar Hussain Shah and Nisar Ahmed based on the principle of consistency and the lack of substantive evidence against them at this stage. The applicants were not named in the FIR and their roles were similar to those of co-accused who had already been granted bail. The evidence suggesting their involvement in conspiracy was insufficient and required further investigation. The applicants were required to furnish surety in the sum of Rs. 3,00,000 each and a P.R. Bond in the same amount to the satisfaction of the Nazir of the court. |
| Summary |
The case involves the bail applications of Nazar Hussain Shah and Nisar Ahmed, who were implicated in a serious criminal case involving charges under sections 302, 324, and 34 of the Penal Code. The applicants argued that they were not named in the FIR and had been implicated at a later stage without any direct evidence of their involvement. The court considered the arguments presented by both sides, particularly focusing on the lack of evidence connecting the applicants to the alleged crime. The decision emphasized the importance of the rule of consistency in granting bail, especially when co-accused had been granted bail under similar circumstances. The court concluded that there was no strong evidence against the applicants at this time, and thus, they were granted bail subject to surety conditions. This case highlights the complexities of criminal proceedings, the significance of evidence and procedural consistency, and the rights of individuals seeking bail in the face of serious allegations. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
WAHID BUX BROHI, J
|
| Lawyers |
Raza Hashmi,
Fazal Haq Khan,
Khalid Shah
|
| Petitioners |
NAZAR HUSSAIN SHAH,
NISAR AHMED
|
| Respondents |
THE STATE
|
| Citations |
2002 SLD 835,
2002 PCRLJ 29
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
324,
34
|