| Case ID |
e915c730-78e8-4043-8997-1171cebdce02 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 5035-B of 2011 |
| Decision Date |
Feb 15, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the bail application of the petitioner, MUHAMMAD MUMTAZ, based on the substantial delay in the trial proceedings, which had exceeded two years without commencement. The court emphasized that the burden of proof lay with the prosecution and the complainant to establish that the accused was a hardened criminal, which they failed to do. The court noted that the petitioner had not been previously convicted of any serious offences and there was no evidence to demonstrate that the petitioner posed a danger to society. Consequently, the petitioner was granted bail on the statutory grounds provided under section 497 of the Criminal Procedure Code. |
| Summary |
This case revolves around the granting of bail under section 497 of the Criminal Procedure Code, which stipulates that an accused is entitled to bail if the trial has not commenced after a specified period. In this instance, the petitioner, MUHAMMAD MUMTAZ, was accused of Qatl-e-amd (murder) but had been detained for over two years without trial commencement. The court assessed the arguments presented by the prosecution, which claimed the petitioner was a dangerous criminal. However, the court found insufficient evidence to support this assertion, highlighting the legal principle that the prosecution must prove the claims against the accused. The decision to grant bail aligns with the legal framework aimed at preventing undue delay in justice. This case underscores the importance of timely trials and the rights of accused individuals, particularly in serious criminal cases. Keywords in this context include 'bail', 'Criminal Procedure Code', 'Lahore High Court', 'Qatl-e-amd', and 'legal rights'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YAWAR ALI, J
|
| Lawyers |
Habib Ullah Shakir,
Mian Muhammad Ashfaq Hussain,
Ch. Muhammad Akbar,
D.P.G. for the State,
Sardar Noor Akbar Khan,
Rafiq A.S.-I. for the Complainant
|
| Petitioners |
MUHAMMAD MUMTAZ
|
| Respondents |
another,
THE STATE
|
| Citations |
2012 SLD 2394,
2012 YLR 1603
|
| Other Citations |
Moundar and others v. The State PLD 1990 SC 934,
Zahid Hussain Shah v. The State PLD 1995 SC 49,
Amir v. The State PLD 1972 SC 277
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302/34
|