| Case ID |
d86a6778-e83e-457b-8b41-1a64c1050157 |
| Body |
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| Case Number |
Special Criminal Bail Application No.7 of 1993 |
| Decision Date |
Apr 08, 1993 |
| Hearing Date |
Mar 28, 1993 |
| Decision |
The court granted bail to the applicants, determining that the genuineness of the documentary evidence regarding the lawful ownership of the gold would require further inquiry at trial. The affidavits from two witnesses disowning their prior statements were significant enough to warrant a reconsideration of the bail application. The court noted that the applicants had provided documentation indicating lawful importation of the gold, and the trial court's previous rejection of bail was not sufficient grounds to deny it again given the new developments. The applicants were ordered to furnish sureties to be released on bail. |
| Summary |
In the case of Special Criminal Bail Application No.7 of 1993, the Sindh High Court dealt with a bail application involving charges under the Customs Act of 1969. The applicants, Abdul Ghafoor, Abdul Majeed, and Haji Hassan, were accused of smuggling a significant quantity of gold. The court emphasized the importance of evaluating the genuineness of the evidence regarding the ownership of the gold, which was claimed to be lawfully imported. The decision highlighted the binding nature of precedents in similar cases and allowed for the possibility of bail due to new evidence presented by the applicants. This case underscores the complexities involved in customs-related offenses and the judicial process surrounding bail applications in Pakistan's legal framework. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ASLAM ARAIN, J
|
| Lawyers |
Farrukh Zia Shaikh
|
| Petitioners |
ABDUL GHAFOOR,
ABDUL MAJEED,
HAJI HASSAN
|
| Respondents |
THE STATE
|
| Citations |
1994 SLD 391,
1994 MLD 1022
|
| Other Citations |
Muhammad Zahid v. The State Criminal Petition No.80-K of 1992,
Mir Muhammad and 3 others v. The State 1976 SCMR 145
|
| Laws Involved |
Customs Act, 1969,
Criminal Procedure Code, 1898,
Constitution of Pakistan, 1973
|
| Sections |
156,
497,
189
|