| Case ID |
e28050aa-e652-4875-b20b-ba31d8b3c1fc |
| Body |
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| Case Number |
Criminal Bail Applications Nos. 1071, 1009 and 986 |
| Decision Date |
Mar 07, 2008 |
| Hearing Date |
|
| Decision |
The court granted bail to applicants Malik Sher Afzal and Abdul Rahman on furnishing surety in the sum of Rs.100,000 each and P.R. bond in like amount to the satisfaction of the trial Court. The interim bail of accused Bashir Ahmed was confirmed on the same terms. The court found that the involvement of the accused was primarily based on confessions from co-accused which were not admissible. The court emphasized that recovery had not been made from the exclusive possession of the accused persons, nor did their names appear in the F.I.R. This case required further inquiry, leading to the conclusion that the applicants should be granted bail. |
| Summary |
This case involves the Sindh High Court's decision regarding several Criminal Bail Applications linked to a robbery case under the Pakistan Penal Code. The applicants sought bail citing lack of evidence and unlawful detention. The court analyzed the facts, including the absence of direct involvement of the applicants in the robbery, which involved the unlawful seizure of goods from a transport vehicle. The court noted that the recovery of stolen items was not attributed to the applicants and emphasized the need for a thorough inquiry into the allegations. The decision underscores the importance of legal representation and the rights of individuals against wrongful accusations. The case highlights critical issues surrounding pre-arrest and post-arrest bail within the framework of criminal law, making it significant for legal practitioners focusing on criminal defense and bail applications. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL SOOMRO, C.J.,
BASHIR AHMED
|
| Lawyers |
Muhammad Akbar Khan for Applicant (in Criminal Bail Application No. 1009 of 2007),
Ghulam Mustafa Sheikh for Applicant (in Criminal Bail Application No. 986 of 2007),
Javed Ahmed Chhatari for applicant (in Criminal Bail Application No. 1071 of 2007),
Fareed Ahmed A. Dayo, Addl.A.G. for the State
|
| Petitioners |
Muhammad Akbar Khan
|
| Respondents |
THE Complainant
|
| Citations |
2008 SLD 2632 = 2008 PLD 215
|
| Other Citations |
1999 PCr.LJ 1529,
Shehzore and another v. The State 2006 YLR 3167,
Arshad Mehmood v. The State 1985 PCr.LJ 2048,
Muhammad Akhtar v. The State 1984 PCr.LJ 2340
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497,
498,
392,
34
|