| Case ID |
e2f97139-f93e-4f9b-b053-6d83b52f1198 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Application No. 3626-P |
| Decision Date |
Jan 02, 2020 |
| Hearing Date |
Jan 02, 2020 |
| Decision |
The High Court granted post-arrest bail to the petitioner, Umair, in connection with FIR No. 1101 dated 04.11.2019, under sections 377/511 of the Penal Code, read with section 53 of the Khyber Pakhtunkhwa Child Protection and Welfare Act. The court noted that the FIR was lodged with a significant delay and no medical examination or incriminating evidence was available to connect the accused with the alleged crime. The court emphasized that the absence of evidence and the need for further inquiry warranted the grant of bail, highlighting that bail serves to change custody from government agencies to sureties, not an acquittal. |
| Summary |
This case involves the grant of bail to the petitioner, Umair, who was accused of attempting to commit an unnatural offence against a minor. The Peshawar High Court analyzed the circumstances surrounding the FIR, which was filed with a delay of over four hours, and noted the lack of medical evidence or eyewitnesses to support the complainant's claims. The court referenced the Khyber Pakhtunkhwa Child Protection and Welfare Act, emphasizing the definition of a child at risk and the need for a thorough examination of the facts before determining the applicability of certain legal provisions. The decision highlights the importance of evidence in criminal proceedings and the principle that bail is a right that should not be denied without substantial justification. The court's ruling underscores the balance between the rights of the accused and the interests of justice in cases involving sensitive allegations such as child abuse. Overall, the case reflects the judicial system's commitment to ensuring fairness and due process in the face of serious criminal charges. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
AHMAD ALI, JUSTICE
|
| Lawyers |
Ayub Zaman for Petitioner,
Rab Nawaz Khan, A.A.G. for the State,
Tajdar Faisal Khan for the Complainant
|
| Petitioners |
Umair
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2021 SLD 865 = 2021 MLD 527
|
| Other Citations |
2019 PCr.LJ 899,
2016 SCMR 2176,
2016 SCMR 1523,
2014 MLD 190,
2018 YLR Note 114
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Khyber Pakhtunkhwa Child Protection and Welfare Ordinance (II of 2010)
|
| Sections |
497,
377,
511,
2(1)(e),
53
|