| Case ID |
e19d0d85-f5c5-4bfe-85cc-d08b61e24228 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Application No. 217 of |
| Decision Date |
Mar 03, 2010 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioner, Attaullah Khan, after finding that the FIR was lodged in violation of Section 196 of the Criminal Procedure Code. The court noted that the complaint should have been filed by an authorized government authority, not a private individual. The petitioner provided an affidavit denying the charges and highlighting legal defects in the recovery memo, which lacked public witnesses. Given these circumstances, the court ruled that further inquiry was warranted and admitted the petitioner to bail in the sum of Rs.100,000 with two sureties. |
| Summary |
In the case of Criminal Miscellaneous Bail Application No. 217 of 2010, the Peshawar High Court deliberated on the legal intricacies surrounding the bail application of the petitioner, Sahibzad Sikandar. The charges against him included violating sections 295A and 295B of the Pakistan Penal Code, which pertain to outraging religious feelings and the defiling of a copy of the Holy Quran. The court found that the FIR was improperly lodged by a private individual, which contravened the requirements set forth in Section 196 of the Criminal Procedure Code. This section mandates that offenses against religion must be prosecuted only upon a complaint from the provincial or federal government or an authorized officer. The court emphasized the necessity of compliance with legal protocols to ensure justice and uphold the rule of law. The decision to grant bail was grounded on the assertion that the case against the petitioner lacked proper legal foundation, thereby necessitating further inquiry before proceeding. The ruling underscored the importance of adhering to statutory requirements in criminal proceedings, particularly in sensitive cases involving religious sentiments. Keywords such as 'bail', 'Criminal Procedure Code', 'Pakistan Penal Code', 'outraging religious feelings', and 'Peshawar High Court' were pivotal in shaping the discussion surrounding this case. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN
|
| Lawyers |
Not available
|
| Petitioners |
Sahibzad Sikandar
|
| Respondents |
THE STATE,
Hastam Khan
|
| Citations |
2010 SLD 1691,
2010 YLR 987
|
| Other Citations |
Bashir Ahmad v. State 2000 PCr.LJ 902
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
196,
497(2),
537,
295A,
295B
|