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Introduction
JUDGMENT
The present judgment arises out of a bail application moved on behalf of the accused Zahid Hussain, seeking post-arrest bail in a case registered under Sections 378 (Theft) and 120-A (Criminal Conspiracy) of the Pakistan Penal Code, 1860.
The facts, briefly stated, are that the complainant Ali Khan alleges theft of his black Toyota Corolla parked outside his office. CCTV footage is claimed to show the accused persons near the scene, though no direct recovery or forensic evidence has been presented.
Determinations
- Whether the material collected till now justifies the continued detention of the accused.
- Whether the accused is entitled to the concession of bail at this stage.
Arguments Advanced
Learned Counsel for the Applicant contends:
Learned Prosecutor opposes the bail application stating:
- There is no direct evidence connecting the accused to the crime.
- Identification from CCTV footage is unreliable without an identification parade.
- No recovery of stolen property has been made from the accused.
- Accused Zahid Hussain has strong ties to the community and no flight risk.
Learned Prosecutor opposes the bail application stating:
- Circumstantial evidence in the form of CCTV footage and witness statements sufficiently links the accused to the offense.
- The seriousness of the offense justifies continued custody.
Discussion and Findings
Upon perusal of the record and after hearing arguments, it is observed:
Conclusion
In view of the above discussion, this Court is of the opinion that further incarceration of the accused Zahid Hussain would serve no useful purpose at this stage.
The bail application is hereby Allowed, and Zahid Hussain is admitted to bail subject to furnishing a solvent surety in the sum of Rs. 100,000 (One Lac Rupees) with a P.R. Bond in the like amount to the satisfaction of this Court.
The co-accused Shazia Khan and Nadeem Shah, if in custody or upon appearance, may also apply for similar relief.
Announced in Open Court:
- Date: ___ 2024 (Signature)
- (Signature) Sessions Judge, Karachi
Key Points for Young Advocates:
- Always analyze the strength of evidence when arguing or opposing bail.
- Protect the presumption of innocence — bail is a safeguard, not a mini-trial.
- Link arguments to fundamental rights (e.g., liberty under Article 9 of Constitution of Pakistan).
- In weak circumstantial evidence cases, attack the gaps: absence of direct evidence, unclear identity, no recovery.
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