| Case ID |
df864684-3d02-4b7f-be2d-98c8fa3114e8 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 4672-B of 2005 |
| Decision Date |
Jul 04, 2005 |
| Hearing Date |
Jul 04, 2005 |
| Decision |
The petitioner, Muhammad Khan, sought post-arrest bail after being denied by the Judicial Magistrate and the Additional Sessions Judge. The court found that the injuries attributed to the petitioner were minor and not on vital parts, and the delay in lodging the FIR was unexplained. The Investigating Officer's opinion suggested that the occurrence did not happen as described in the FIR and that some co-accused were falsely implicated. Considering the circumstances, the court allowed the bail petition, highlighting that the petitioner was not a flight risk and had made a case for his release pending trial. |
| Summary |
In this case, Muhammad Khan was denied post-arrest bail in a criminal matter involving minor injuries inflicted during an altercation. The Lahore High Court highlighted several factors that warranted the granting of bail, including the nature of the injuries, the unexplained delay in filing the FIR, and the Investigating Officer's findings that questioned the prosecution's case. The court emphasized the principle of consistency in granting bail, especially since co-accused had already been released. This decision reflects the principles of justice and fairness in the bail process, ensuring that the rights of the accused are upheld while balancing the interests of justice. Keywords: bail, criminal law, Lahore High Court, FIR delay, Investigating Officer, minor injuries. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN
|
| Lawyers |
Zafar Iqbal Chohan,
Shakil Parvaiz Bhatti,
Zulfiqar Ali
|
| Petitioners |
MUHAMMAD KHAN
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 3812,
2006 YLR 1563
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
337-F(v),
337-L,
34
|