| Case ID |
f81e0c6e-3a1a-4d0b-b933-f9c05c05e345 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 495/B of 2000 |
| Decision Date |
Mar 14, 2000 |
| Hearing Date |
|
| Decision |
The petitioners sought bail in connection with FIR No. 746, dated 24-8-1999, under sections 394/412 of the Penal Code. The court considered the arguments presented by both the petitioners and the prosecution. It was noted that there was an unexplained delay of three days in lodging the FIR, and no identification parade had been conducted. The petitioners were students, with one being less than 16 years old, and had been in custody since 16-9-1999. The court concluded that detaining the petitioners would serve no useful purpose as their guilt had yet to be determined. Therefore, bail was granted under the conditions specified, allowing the petitioners to be released upon furnishing bail bonds. |
| Summary |
In the case of Criminal Miscellaneous No. 495/B of 2000, the Lahore High Court addressed the bail application of petitioners GHULAM DASTGIR and others, accused under sections 394 and 412 of the Penal Code. The court scrutinized the prosecution's case, which involved an alleged robbery where complainant Muhammad Ramzan reported that his nephew was attacked and robbed. The court highlighted significant issues, including the lack of an identification parade, a three-day delay in FIR registration, and the youth of the accused. The decision underscores the importance of procedural fairness in criminal proceedings, particularly regarding the rights of minors. The ruling emphasizes that pre-trial detention should not be punitive and that the presumption of innocence must prevail until guilt is established. The court ultimately allowed bail, setting the stage for a fair trial. Keywords such as 'bail application', 'criminal procedure', 'Lahore High Court', and 'youth rights in criminal law' are vital for understanding the implications of this case. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AKHTAR SHABBIR, J
|
| Lawyers |
Altaf Ibrahim Qureshi,
Raja Sultan Khurram,
Tariq Usman Joiya
|
| Petitioners |
Muhammad Asif,
Muhammad Ahmad,
GHULAM DASTGIR
|
| Respondents |
THE STATE
|
| Citations |
2001 SLD 876,
2001 PCRLJ 235
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
497,
394,
412,
22
|