| Case ID |
ecbfd928-ea4a-469e-a61a-c8e9fd700d45 |
| Body |
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| Case Number |
Cr. Misc. (BA) No. 12-A of 2017 |
| Decision Date |
Apr 17, 2017 |
| Hearing Date |
|
| Decision |
The court granted bail to the petitioners, Seerdad and Kareem Dad, based on the principles of further inquiry and rule of consistency. The complainant's supplementary statement introduced significant contradictions that warranted a reevaluation of the case. The court emphasized the importance of fair trial standards and noted that the evidence presented did not conclusively support the charges against the petitioners, thus allowing them the concession of bail while dismissing the bail cancellation application against the respondents. |
| Summary |
In the case of Seerdad and Kareem Dad vs. The State, the Peshawar High Court examined the request for bail under the Criminal Procedure Code and the Penal Code concerning serious charges including murder and attempted murder. The court's deliberation focused on the discrepancies between the initial FIR and the supplementary statement provided by the complainant, which implicated additional parties and raised questions about the credibility of the accusations against the petitioners. The ruling underscored the necessity for a precise evaluation of evidence, reinforcing the legal principle that a defendant is presumed innocent until proven guilty. The judgement highlighted the complexities involved in criminal proceedings, particularly when faced with conflicting testimonies and the implications of vicarious liability. As a result, the court ruled in favor of the petitioners, allowing them bail while maintaining the integrity of the judicial process. The decision aligns with established legal precedents emphasizing the rights of the accused and the importance of thorough investigations in the pursuit of justice. This case is significant for its implications on bail proceedings and the interpretation of legal standards in criminal law, especially under conditions of uncertainty in witness accounts. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED MUHAMMAD ATTIQUE SHAH
|
| Lawyers |
Ghulam Mustafa Khan Swati,
Munir Paracha,
Raja Muhammad Zubair,
Qazi Muhammad Arshad,
Malik Amjad Ali Awan
|
| Petitioners |
Seerdad,
Kareem Dad
|
| Respondents |
THE STATE,
Ghulam Mustafa Khan Swati,
Munir Paracha
|
| Citations |
2018 SLD 939,
2018 YLR 419
|
| Other Citations |
2017 SCMR 538
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497(2),
497(5),
302,
324,
148,
149
|