| Case ID |
e0f46e48-9038-4a33-ada5-8f2887a6840b |
| Body |
View case body. Login to View |
| Case Number |
Criminal M. (B.C.A.) No. 96-M of 2020 |
| Decision Date |
Oct 29, 2021 |
| Hearing Date |
Oct 29, 2021 |
| Decision |
The Peshawar High Court reviewed the case regarding the cancellation of bail granted to Khan Bacha, who was accused of serious offenses including rape and wrongful confinement of an 8/9-year-old girl. The court found that the trial court had improperly considered the submission of the challan as a fresh ground for bail, which is not permissible under the law for such heinous offenses. The High Court emphasized that the submission or non-submission of the challan should not influence the bail decision in cases involving serious crimes. Consequently, the bail granted to Khan Bacha was recalled, and he was ordered to be taken into custody. The court directed the trial court to expedite the trial process. |
| Summary |
In the case of Mst. Hafsa vs. Khan Bacha and others, the Peshawar High Court addressed the issue of bail cancellation in a serious criminal matter involving allegations of rape and wrongful confinement of a minor. The petitioner, Mst. Hafsa, sought to have the bail of the accused, Khan Bacha, revoked due to the grave nature of the charges, which also included illegal marriage and child sexual abuse. The court highlighted the importance of adhering to legal standards when evaluating bail applications, particularly in cases involving children and severe offenses. The court's ruling underscored that the mere submission or non-submission of a challan does not constitute a valid basis for granting bail in serious offenses, thereby reinforcing the legal framework surrounding bail in such sensitive cases. The decision is significant in maintaining the integrity of the judicial process and ensuring that serious allegations are treated with the utmost seriousness, protecting the rights of victims, especially minors. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Ishtiaq Ibrahim, Justice
|
| Lawyers |
Ms. Shehnaz,
Razauddin Khan, A.A.G. for the State
|
| Petitioners |
Mst. Hafsa
|
| Respondents |
Khan Bacha,
Rafi Ullah,
Mst. Ezat Bibi
|
| Citations |
2022 SLD 694 = 2022 PCRLJ 372
|
| Other Citations |
The State through Advocate General NWFP v. Zubair and 4 others PLJ 1986 SC 369,
Syed Bashir Shah/Mubashar Shah v. The State 2020 PCr.LJ 147
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010),
Khyber Pakhtunkhwa Arms Act (XXIII of 2013)
|
| Sections |
497(5),
376,
496-A,
342,
53,
15
|