| Case ID |
e2dcd6f4-d2d5-4dd9-bee0-dff64437457f |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous Application No. 1270 of 199 |
| Decision Date |
May 11, 1999 |
| Hearing Date |
|
| Decision |
The petition for cancellation of pre-arrest bail was dismissed. The court found that there was no prior enmity between the parties and the case arose from a sudden flare-up. The accused were minors, aged between 13 to 16 years, and the charges did not warrant cancellation of bail as the prosecution had not established any misuse of bail by the accused. The court emphasized that in cases with two versions, the benefit of the doubt should be given to the accused. The injuries sustained by the prosecution witnesses were not severe, and the absence of specific roles attributed to the accused further justified the decision to uphold the bail. |
| Summary |
In the case of Criminal Miscellaneous Application No. 1270 of 1999, the Sindh High Court examined the circumstances surrounding a pre-arrest bail cancellation petition. The case involved Mst. Kishwar Sultana against the state and several minors, alleging assault following a cricket game incident. The court found that the accused, aged between 13 and 16, were not armed and acted out of a sudden flare-up rather than premeditated intent. The injuries sustained were not critical, and previous enmity was absent, which led to the conclusion that the bail should not be revoked. This case highlights the importance of considering the age and circumstances of the accused in criminal law, particularly in relation to the Sindh Children Act, 1955. The decision reinforces the principle that in situations of conflicting narratives, the benefit of the doubt must favor the accused, emphasizing the judicial system's commitment to fair trial rights and the protection of minors in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ROSHAN ESSANI, J
|
| Lawyers |
S. Sarfraz Ahmed for Petitioners,
Ali Gohar Masroof for Respondents
|
| Petitioners |
,
Mst. KISHWAR SULTANA
|
| Respondents |
,
THE STATE through Advocate General, Sindh
|
| Citations |
2000 SLD 648,
2000 PLD 13
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Penal Code, 1860,
Criminal Procedure Code (V of 1898),
Sindh Children Act (XII of 1955)
|
| Sections |
337(A)(iii),
504,
427,
497(5),
497(5),
5
|