| Case ID |
e083f12d-ad50-4e38-930a-3d3b5083cd8b |
| Body |
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| Case Number |
Criminal Miscellaneous No. 661-B of 2011 |
| Decision Date |
Jun 14, 2011 |
| Hearing Date |
|
| Decision |
The Lahore High Court, presided by Justice Ijaz Ahmed, granted bail to the petitioner Shabbir Hussain in a case involving sections 295-A and 298-A of the Penal Code. The court noted that the prosecution's case required further inquiry and that the events leading to the registration of the case suggested a possibility of sectarian bias. The court emphasized the distinction between the recording of an FIR and taking cognizance of the case, stating that irregularities in the FIR process could be rectified without invalidating the trial. The decision highlighted the need for careful consideration of the evidence and the context of the allegations before proceeding with the case. |
| Summary |
This case revolves around the granting of bail to Shabbir Hussain by the Lahore High Court in a matter involving serious allegations under the Penal Code concerning religious sentiments. The court's ruling underscores the importance of distinguishing between the processes of recording an FIR and judicial cognizance, particularly in cases that may be influenced by sectarian tensions. The decision reflects a broader legal principle concerning the rights of individuals accused under sensitive laws, emphasizing the need for rigorous examination of circumstances surrounding the case. The court referenced several precedents to establish the legal framework for the decision, asserting that the prosecution must adhere to lawful procedures when initiating cases of this nature. The ruling serves as a critical reference point for future cases involving similar legal provisions, reinforcing the judicial commitment to fair trial rights and the scrutiny of evidence in potentially inflammatory matters. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Ijaz Ahmed
|
| Lawyers |
Syed Wust-ul-Hasan,
Shaukat Aziz Siddiqui,
Kh. Sohail Iqbal
|
| Petitioners |
Shabbir Hussain
|
| Respondents |
The State
|
| Citations |
2009 YLR 1531,
2007 PCr.LJ 342,
PLD 2005 Lah. 631,
2000 PCr.LJ 902,
1992 PCr.LJ 2346,
2007 PCr.LJ 864
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
195,
196,
154,
295-A,
298-A
|