Case ID |
ed0e756f-c0fe-46d7-96a5-24ee7eb5c3ac |
Body |
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Case Number |
Crl. Misc. No. 6272-CB of 2018 |
Decision Date |
Dec 13, 2018 |
Hearing Date |
Dec 13, 2018 |
Decision |
The application seeking cancellation of pre-arrest bail was dismissed by the Lahore High Court. The court found that the allegations against the respondents did not warrant the cancellation of bail as there was no specific role ascribed to one of the respondents, and the other respondent's involvement was not supported by medical evidence. The court highlighted that both parties were injured during the incident, and the question of who was the aggressor could only be determined after a full trial. The learned counsel for the petitioner failed to demonstrate that the bail granting order was arbitrary or perverse. The court emphasized the need for restraint in cancelling pre-arrest bail once granted by the Sessions Court, unless it is shown to be absolutely perverse or disregarded settled principles. |
Summary |
This case revolves around the cancellation of pre-arrest bail under Section 497(5) of the Criminal Procedure Code. The petitioner, Allah Yar, sought to cancel the bail granted to the respondents in a case involving alleged assault and injuries inflicted during a clash between two parties. The Lahore High Court, presided by Justice Tariq Saleem Sheikh, carefully evaluated the evidence and found that the allegations were not substantiated enough to warrant the cancellation of bail. The court noted that the medical evidence did not align with the ocular account of the incident, indicating a complex situation with conflicting narratives from both parties. This case highlights the importance of thorough examination of evidence in bail matters and the principles guiding the High Court's jurisdiction in such cases. Keywords relevant to this case include 'pre-arrest bail', 'Criminal Procedure Code', 'Pakistan Penal Code', 'Lahore High Court', and 'criminal law'. These terms are significant for legal practitioners and scholars interested in the intricacies of criminal law and procedural justice in Pakistan. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
Tariq Saleem Sheikh, Justice
|
Lawyers |
Kh. Qaiser Butt,
Malik Shahnawaz Khokhar,
Mr. Muhammad Ahsan-ul-Haq,
Rana Muhammad Javed Akhtar
|
Petitioners |
Allah Yar
|
Respondents |
State,
Muhammad Ahsan-ul-Haq,
Rana Muhammad Javed Akhtar
|
Citations |
2019 SLD 36,
2019 PLJ 149
|
Other Citations |
PLJ 2018 SC 445
|
Laws Involved |
Criminal Procedure Code, 1898 (V of 1898),
Pakistan Penal Code, 1860
|
Sections |
497(5),
148,
149,
337-A(1),
337-A(2),
337-F(5),
337-F(6),
337-L(2)
|