2004P3063 (PLP)
N/A
| Citation | 2004P3063 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | N/A |
Q1: What are the key laws and sections cited in 2004P3063 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004P3063 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
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Cite this legal precedent as: 2004P3063 (PLP) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Zaffar Abbas Zaidi and Ehsan-ul-Haq Malik for Petitioners.
Judgment & Decree
(b) Criminal Procedure Code (V of 1898)
S. 497
Penal Code (XLV of 1860), S.302/34
Second bail application
Contention that in previous bail petition plea of alibi was taken by accused, but was found of no legal worth and bail having been refused, second bail application was not maintainable, was not tenable in circumstances of the case-- Validity
While accepting plea of alibi of accused as valid/credible one, prosecution had acted upon it and had placed his name in Column No.2 of the challan which was meant for those accused not recommended for trial
Accused could not be treated as an accused unless Trial Court would make up its mind putting him on trial at the time of taking cognizance
Said fact was a very strong circumstance favouring accused and case for grant of bail on such fresh-ground was clearly made out-- Accused was granted bail. (c) Criminal Procedure Code (V of 1898)
S. 497
Innocence of accused as basis for grant of bail
Mere opinion about innocence of accused, though had no persuasive value for the Court and could not be made basis for grant of bail, but when such opinion was founded on sound material collected during investigation and while acting on such opinion, accused was placed in Column No.2 of challan, then it was difficult for the Court to lightly ignore such opinion unless the Court would find that the material collected and made basis for the opinion were artificial or otherwise unsound and insufficient for placing reliance on the same
Even in the case of equal probabilities, it was accused who was to get benefit of it. (d) Criminal Procedure Code (V of 1898)
S. 497
Penal Code (XLV of 1860), S.302/34
Bail, refusal of-- Accused was granted bail, but case of co-accused was different in nature and he could not be granted bail on contentions of defence because same would involve Court in deeper appraisal/assessment of prosecution case which course was neither desirable nor possible at bail stage-- Prayer of co-accused for grant of bail was disallowed, in circumstances. Syed Zaffar Abbas Zaidi and Ehsan-ul-Haq Malik for Petitioners. S. Imtiaz Ali, Addl. A.-G. for the State. Muhammad Ashraf for the Complainant. Date of hearing: 2nd August, 2004.