| Case ID |
f82cf0c0-7e79-4649-abce-90831aee96ef |
| Body |
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| Case Number |
Criminal Bail Application No.889 and M.A. No. 6554 |
| Decision Date |
Sep 16, 2013 |
| Hearing Date |
|
| Decision |
The bail application of Din Muhammad alias Dino was dismissed due to the serious nature of the allegations against him, which included murder and other charges under the Penal Code. The court noted that the applicant was specifically named in the FIR and had a direct role in the firing that led to the death of the complainant's brother. The delay in lodging the FIR was explained, and the court emphasized that the applicant failed to establish a prima facie case for bail. The court also highlighted that deeper appreciation of evidence was not permissible at the bail stage, indicating that the evidence presented was sufficient to deny bail. |
| Summary |
This case revolves around the dismissal of a bail application filed by Din Muhammad alias Dino, who was accused of murder following an incident that occurred on January 15, 2012. The complainant, Ghulam Farooque Junejo, reported that the applicant, along with others, instigated a violent confrontation that resulted in the death of his brother, Abdul Kadir. The Sindh High Court, presided over by Justice Shah Nawaz Tariq, evaluated the circumstances surrounding the application for bail and found that the evidence against the applicant was compelling. The court emphasized the importance of a thorough examination of the role of each accused in relation to the offence and highlighted that the mere granting of bail to co-accused does not automatically entitle others to the same relief. The ruling reinforced the principle that deeper analysis of evidence should be reserved for trial, thereby upholding the integrity of the judicial process. The decision underscores the court's commitment to ensuring that justice is served, particularly in cases involving serious criminal allegations such as murder. This case serves as a reference point for future bail applications, particularly regarding the standards of evidence required to grant bail in serious offences. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHNAWAZ TARIQ, J
|
| Lawyers |
Ghulam Shabbir Shar for Applicant,
Muhammad Saleh Bhutto for the Complainant,
Zulfiqar Ali Jatoi D.P.G. for the State
|
| Petitioners |
DIN MUHAMMAD alias DINO
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 1375,
2014 YLR 316
|
| Other Citations |
Gyasuddin v. The State 2006 S.L.J. 179,
Ahmed v. The State 2007 PCr.LJ 987,
Dilawar Khan and another v. Iqbal Khan and another 2010 PCr.LJ 502,
Gohram and another v. The State 2012 MLD 1927,
Mst. Qudrat Bibi v. Muhammad Iqbal and another 2003 SCMR 68,
Balach v. The State 2010 PCr.LJ 509,
Khalida Bibi v. Nadeem Baig PLD 2009 SC 440,
Raja Muhammad Irshad v. Muhammad Bashir Goraya and others 2006 SCMR 1292,
Ayaz v. The State 2011 PCr.LJ 177,
Shoaib Shahid v. The State 2011 PCr.LJ 1896
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302,
337-H(2),
114,
148,
149
|