HASSAN IQBAL vs State S — 2023 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE

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HASSAN IQBAL VS State S. 497---Bail---Commencement of trial---Effect---Mere commencement of trial is no ground for the refusal of bail. [Para. 8 of the judgment] Citation Name: 2023 PCrLJN 100 LAHORE-HIGH-COURT-LAHOREBookmark this Case HASSAN IQBAL VS State S. 497---Bail---Tentative assessment---Scope---In a post-arrest bail only tentative assessment is to be made and deeper appreciation or evaluation of evidence at such stage is neither desirable nor permissible but benefit of doubt can be extended to the accused even at bail stage if the facts of the case so warrant. [Para. 5 of the judgment] Citation Name: 2023 PCrLJN 100 LAHORE-HIGH-COURT-LAHOREBookmark this Case HASSAN IQBAL VS State S. 497---Bail---Heinous offence---Scope---Mere heinousness of offence is no ground for the refusal of bail to an accused who otherwise becomes entitled for the concession of bail. [Para. 7 of the judgment] Citation Name: 2023 PCrLJN 100 LAHORE-HIGH-COURT-LAHOREBookmark this Case HASSAN IQBAL VS State S. 497---Bail---Scope---Bail cannot be withheld as a strategy of punishment. [Para. 9 of the judgment] Citation Name: 2023 PCrLJN 100 LAHORE-HIGH-COURT-LAHOREBookmark this Case HASSAN IQBAL VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, armed with deadly weapon, common object---Bail, grant of---Further inquiry---Scope---Accused along with his four co-accused was alleged to have committed murder of two persons---Accused was assigned the role that he made a fire shot on the right arm of a deceased, which went through and through---Investigating Officer had opined that the accused was empty handed at the time and place of occurrence---Injury attributed to the accused was on non-vital part of the body of deceased and also not a cause of death, so, vicarious liability of accused would be determined by the Trial Court after recording and evaluating the evidence---Parties had background of land dispute between them and in that backdrop spreading the wide net by the complainant side to falsely involve the accused in the case seemed to be a possibility which could not safely be ruled out of consideration---Case of accused called for further inquiry into his guilt within the purview of subsection (2) of S. 497, Cr.P.C.---Accused had succeeded in making out a case for grant of post-arrest bail---Petition for grant of bail was allowed, in circumstances. [Paras. 3, 4, 6 & 10 of the judgment]

HASSAN IQBAL vs State S — 2023 PCrLJN 100 LAHORE-HIGH-COURT-LAHORE

Case information

Judgment text as reported