MUSADDIQ HUSSAIN vs State S — 2023 MLD 143 Gilgit-Baltistan Chief Court

Case information

Citation: 2023 MLD 143 Gilgit-Baltistan Chief Court
Year: 2023
Reporter: MLD
Parties: MUSADDIQ HUSSAIN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---B; S. 497; S. 497---P; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUSADDIQ HUSSAIN VS State S. 497---Bail---Case not falling in prohibitory clause---Scope---Grant of bail is a rule and refusal is an exception where the offence does not fall within the prohibitory clause of S. 497, Cr.P.C. Head NotesCase Description Citation Name: 2023 MLD 143 Gilgit-Baltistan Chief CourtBookmark this Case MUSADDIQ HUSSAIN VS State S. 497---Penal Code (XLV of 1860), Ss. 380 & 457---Theft in dwelling house---Lurking house trespass or house-breaking by night in order to commit offence punishable with imprisonment---Bail, grant of---Delayed FIR---Un-witnessed occurrence---Scope---Accused was alleged to have stolen three goats from the cattle-shed of complainant---Accused was not directly charged in the FIR and there was 10 hours delay in lodging of FIR---No eye-witness had witnessed the occurrence, the stolen goats were not recovered from the possession of the accused rather the goats were found outside of the cattle-shed---Accused was entitled for concession of bail---Petition for grant of bail was allowed. Head NotesCase Description

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