| Case ID |
f7ee1af7-5b55-4b99-82fe-856a5cadee37 |
| Body |
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| Case Number |
Criminal Bail Application No. 1578 of 2001 |
| Decision Date |
Apr 24, 2002 |
| Hearing Date |
Mar 18, 2002 |
| Decision |
The court granted bail to the applicants, Mst. Zuhra Bibi and Mst. Haseena Bibi, on the grounds that the FIR was lodged after an unexplained delay, there was no eye-witness to the abduction or murder, and the evidence provided by witnesses did not implicate the accused. Furthermore, no incriminating evidence was found against them, and the State Counsel did not object to the bail application. The circumstances included the fact that one of the accused had a suckling child and both had been in jail for over a year. The decision emphasized that the lack of specific allegations against the applicants warranted their release on bail. |
| Summary |
In the case of Mst. Zuhra Bibi and Mst. Haseena Bibi's bail application, the Sindh High Court evaluated the merits of granting bail under sections of the Penal Code and the Criminal Procedure Code. The court noted significant delays in the FIR filing, lack of direct eyewitness testimony, and absence of incriminating evidence against the accused. The decision underscored the importance of fair trial rights and the presumption of innocence, particularly for individuals who have been detained without sufficient cause. The case highlights the judicial system's role in ensuring that justice is not only done but is seen to be done, especially in sensitive matters involving women and children. The court's ruling serves as a precedent for similar cases in the future, emphasizing the need for due process and the protection of individual rights in the criminal justice system. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULAM RABBANI, J
|
| Lawyers |
Makhdoam Mujtaba Shah,
Kazi Wali Muhammad,
Shoukat H. Zubedi
|
| Petitioners |
Mst. ZUHRA BIBI,
Mst. HASEENA BIBI
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1285,
2003 PCRLJ 1909
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
364,
364-A,
34
|