| Case ID |
e9f71cb9-d5ce-4cb7-a29f-aef4456d2c54 |
| Body |
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| Case Number |
Criminal Miscellaneous Nos. 9984-BC, 14363-BC and |
| Decision Date |
Dec 07, 2012 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petitions for recalling bail for respondents Nos. 2 to 6, indicating that the petitioner failed to prove individual liability at the bail stage. The court highlighted that the allegations against the respondents were general and did not establish clear individual roles in the crime. However, the court allowed the petition to withdraw bail for Armghan, finding sufficient evidence connecting him to the murder charge, including witness statements and recovery of a firearm. The decision underscores the importance of individual liability in cases involving multiple accused and the threshold required to revoke bail. |
| Summary |
This case revolves around the application for cancellation of bail concerning the murder of Arif Husain. The Lahore High Court, presided over by SYED MUHAMMAD KAZIM RAZA SHAMSI, J., dealt with three Criminal Miscellaneous petitions stemming from a common FIR dated June 11, 2012. The complainant, Khadim Hussain, sought to revoke bail granted to several accused involved in the alleged murder and rioting with deadly weapons. The court found that while the evidence against some respondents was not sufficient to establish individual liability, there was adequate evidence against Armghan alias Kashi to warrant the withdrawal of his bail. This case highlights the complexities of criminal liability in multi-accused situations and the critical role of evidence in bail proceedings. The decision is particularly relevant for legal practitioners and students studying criminal law, especially in contexts involving violent crimes and the interpretation of liability under the Criminal Procedure Code and the Pakistan Penal Code. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD KAZIM RAZA SHAMSI, J
|
| Lawyers |
Rao Jabbar Khan,
Muhammad Ishaque,
Ghazanfar Ali,
Rana Naveed Ashiq,
Sajjad Ahmad
|
| Petitioners |
Khadim Hussain
|
| Respondents |
The STATE,
Sharafat Ali,
Rizwan,
Mohsin Ali,
Armghan alias Kashi,
Adal,
Adeel,
Tanzeel
|
| Citations |
2013 SLD 551 = 2013 PCRLJ 938
|
| Other Citations |
Zafar Iqbal v. Muhammad Ilyas and another 2006 SCMR 150,
Ehsan Akbar v. The State and 2 others 2007 SCMR 482,
Mst. Noor Habib v. Saleem Raza and others 2009 SCMR 786,
Haji Gul Rehman v. Imran-ud-Din and another 2009 SCMR 1179,
Shaukat Hayat v. The State 2010 SCMR 1931
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(5),
161,
302,
148,
149
|