| Case ID |
eb031786-1604-4b07-8c2d-1f0820adbda4 |
| Body |
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| Case Number |
Criminal Bail Application No. 681 of 2021 |
| Decision Date |
Sep 14, 2021 |
| Hearing Date |
Sep 14, 2021 |
| Decision |
The bail application of the applicant Sabir was allowed on the grounds that the role attributed to him involved causing kicks and fist blows to the complainant without the use of a weapon. The injuries sustained were on non-vital parts of the complainant's body, and there was a lack of medical evidence to substantiate the claims. The court noted that the punishment under the sections cited did not exceed the limits of the prohibitory clause of Section 497 of the Criminal Procedure Code. The case had been challaned and was pending trial, indicating further inquiry was needed, leading to the confirmation of interim bail granted to the applicant. |
| Summary |
This case involves the Sindh High Court's decision regarding the pre-arrest bail application of Sabir in a criminal matter. The applicant faced charges under various sections of the Penal Code related to rioting, unlawful assembly, and house trespass, among others. The court assessed the circumstances surrounding the case, including the nature of the injuries sustained by the complainant, which were determined to be non-vital. The absence of medical evidence further underscored the need for a thorough inquiry. The ruling emphasized the legal provisions under the Criminal Procedure Code, particularly Section 497, which governs the conditions for granting bail. The decision to allow bail reflects judicial prudence in balancing the rights of the accused against the interests of justice. Keywords such as 'pre-arrest bail', 'criminal procedure', and 'Sindh High Court' are relevant for online searches and legal discussions. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Saleem Jessar
|
| Lawyers |
Sikandar Zulqarnain Unnar,
Ms. Rahat Ehsan
|
| Petitioners |
SABIR
|
| Respondents |
The STATE
|
| Citations |
2023 SLD 2273,
2023 YLR 1862
|
| Other Citations |
Dur Muhammad v. The State 1994 PCr.LJ 1769,
Muhammad Tanveer v. The State and another PLD 2017 SC 733,
Iftikhar Ahmed v. The State Criminal Petition No.529 of 2021
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
498,
147,
148,
149,
452,
337-H,
337-F(i),
506
|