| Case ID |
f8e773b3-7d1b-49ec-9fff-9e63d663d699 |
| Body |
View case body. Login to View |
| Case Number |
D-863 of 2009 |
| Decision Date |
Feb 25, 2010 |
| Hearing Date |
|
| Decision |
The bail application was allowed based on the finding that the Anti-Terrorism Judge's order was sketchy and non-speaking, which raised doubts about the identification evidence. The delay of ten days in holding the identification parade was not adequately explained, leading to concerns regarding the validity of the identification process. The court found that there were reasonable doubts regarding the applicant's involvement, and thus granted bail subject to the furnishing of surety. The decision emphasized the need for proper procedures in identification parades and the importance of addressing delays that could compromise the integrity of the evidence. |
| Summary |
This case revolves around a bail application filed by Muhammad Ali against the order of the Anti-Terrorism Judge Sukkur, which had rejected his bail request. The case involved serious charges including murder and attempted murder in a robbery incident where armed individuals attacked passenger coaches. The court critically evaluated the identification parade process, noting significant delays and lack of clarity in the evidence presented. The ruling underscored the importance of a fair identification procedure to ensure justice, ultimately resulting in the applicant being granted bail due to insufficient evidence for continued detention. The decision highlights key legal principles surrounding bail applications, including the presumption of innocence and the need for clear, cogent evidence in criminal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ATHAR SAEED,
MUHAMMAD ALI
|
| Lawyers |
Ghulam Murtaza Korai,
Zulfiqar Ali Jatoi
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
THE State
|
| Citations |
2010 SLD 2837,
2010 PCRLJ 1120
|
| Other Citations |
Mehmood Ahmed v. the State 1995 SCMR 127,
State v. Sobharo 1993 SCMR 585,
Badaruddin v. The State 2008 PCr.LJ 495,
Saeed Ahmad v. The State 2009 MLD 1047,
Muhammad Saleem v. The State 2005 PCr.LJ 1963,
Sher Rehman v. The State 1999 MLD 550,
Muhammad Ilyas and 2 others v. The State 1993 PCr.LJ 626
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
302(b),
34
|