Citation Name: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Habibullah vs State S — 2025 YLR 1223 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Habibullah vs State S
Subject matter: Criminal
Provisions referred to: S. 497; Penal Code (XLV of 1860); Criminal Procedure Code

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

Citation Name: 2025 YLR 1223 KARACHI-HIGH-COURT-SINDHBookmark this Case Habibullah VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 375-A, 377 & 34---Gang rape, sodomy, common intention---Post-arrest bail, grant of---Further inquiry---Severity of an offence---Evidence, requirement of---Discretion of Court---Allegation against the applicant was that he, along with another accused , forcibly took away the complainant's son (victim) on the force of pistol and the victim later disclosed to the prosecution witnesses about the act of sodomy committed with him by both accused---Severity of an offence alone is not sufficient ground to denya bail plea---The fundamental concept underlying bail is that the liberty of an innocent person should not be restricted until proven otherwise---Section 497(2) of the Criminal Procedure Code, 1898, establishes that for bail to be granted, the court must be convinced, based on the evidence presented, that there are reasonable grounds to believe that the accused is not guilty of an offence punishable with death or life imprisonment; this section also emphasizes that the court should consider whether there are sufficient grounds for further inquiry into the accused's guilt---Such further inquiry should indicate to the case's outcome and demonstrate or tend to show the accused's innocence---Bail, being a discretionary relief, requires the court to exercise its discretion fairly and judiciously---In the context of the court, the term "discretion" implies sound judgment guided by the law, aiming to alleviate the hardship faced by individuals---Bail should not be denied as a form of punishment---Bail was granted to accused, in circumstances.

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