| Case ID |
f62bd1e8-1b0c-4ba9-92ac-bf4f17dc483f |
| Body |
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| Case Number |
Criminal Miscellaneous No. 14505-B of 2016 |
| Decision Date |
Nov 02, 2016 |
| Hearing Date |
|
| Decision |
The bail petition was allowed based on the grounds that although the petitioner was named in the FIR, there was a one-day delay in its registration, which was not explained. The role assigned to the petitioner indicated he caused a firearm injury but did not repeat fire. The trial court would determine whether the charges under section 324 of the Penal Code apply after evidence is recorded. The other offences did not fall under the prohibitory clause of section 497 of the Criminal Procedure Code. The petitioner was a previous non-convict and not involved in similar cases. The investigation was complete, and no further investigation was required. Given these considerations, the court found the case warranted further inquiry, leading to the grant of bail with conditions. |
| Summary |
This case involves a bail application under the Criminal Procedure Code concerning FIR No. 148/16, which charged the petitioner with various sections of the Penal Code for attempted murder and related offences. The Lahore High Court, presided over by Justice Abdul Sami Khan, evaluated the circumstances surrounding the delay in FIR registration, the nature of the injuries, and the petitioner's previous conduct. The court emphasized that maximum punishment should not influence bail decisions. Instead, the likelihood of the sentence and the completeness of the investigation were critical. Ultimately, the decision to grant bail reflects the court's commitment to ensuring justice while considering the rights of the accused. Key terms include bail, FIR, Criminal Procedure Code, and Penal Code, which are pivotal in legal discussions around pre-trial detention and rights of the accused. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL SAMI KHAN
|
| Lawyers |
Rai Muhammad Hussain Kharal,
Irfan Zia
|
| Petitioners |
SHAHID
|
| Respondents |
THE STATE AND ANOTHER
|
| Citations |
2017 SLD 2566,
2017 YLR 2486
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
324,
337-F(vi),
337-F(iv),
109,
34
|