| Case ID |
ed924f24-c07e-473e-b42f-d73bed23c7bd |
| Body |
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| Case Number |
Criminal Bail Application No. 768 of 2004 |
| Decision Date |
Dec 07, 2004 |
| Hearing Date |
|
| Decision |
The court granted bail to the applicant Mir Hassan based on the extensive grounds raised by his counsel, indicating that the prosecution's case was highly doubtful and warranted further inquiry. The delay in filing the FIR, lack of direct evidence against the applicant, and conflicting statements from witnesses contributed to the decision. The applicant was required to furnish solvent surety and a P.R. bond to the satisfaction of the trial court. |
| Summary |
In the case of Criminal Bail Application No. 768 of 2004, the Sindh High Court addressed the bail application of Mir Hassan, implicated in an offence under the Offence of Zina Ordinance. The court evaluated the merits of the prosecution's case, highlighting significant delays in the FIR and inconsistencies in witness statements. The ruling emphasized the importance of thorough investigation and the presumption of innocence until proven guilty, a crucial aspect of criminal law. The decision to grant bail underscores the court's commitment to justice and the rights of the accused, ensuring that individuals are not unjustly deprived of their freedom based on weak evidence. This case serves as a critical reference point for future bail applications, particularly in sensitive cases involving allegations of serious crimes. Keywords such as 'criminal law', 'bail application', 'judicial process', and 'rights of the accused' are essential for understanding the implications of this ruling. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL SOOMRO, J
|
| Lawyers |
Muhammad Ayaz Soomro for Applicant,
Muhammad Ismail Bhutto for the State,
Nisar Ahmed Abro for the Complainant
|
| Petitioners |
MIR HASSAN
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 3064 = 2006 PLD 472
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)
|
| Sections |
497(2),
11,
16
|