Case Details

Citation(s)
2012 SLG 2575 2012 SLD 2575 2012 YLR 2414
Lahore High Court
Criminal Miscellaneous No. 7551/B of 2012, decided on 29th June, 2012
SHAHID HAMEED DAR, J
Malik Saeed Hassan for Petitioner. Ms. Muqadass Tahira, Additional Prosecutor General Punjab. Asghar Ali Gill for the Complainant

FARHAN

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/392/411---Qatl-a-amd, robbery, dishonestly receiving stolen property---Bail, grant of-Further inquiry---Uncertainty as to the cause of death of the deceased---Effect---Case of circumstantial evidence against the accused hinging upon evidence of test identification parade during the course of which the accused was picked-up by the witnesses---Evidence of last seen presented by the prosecution witnesses, and evidence of recovery of items at the instance of the accused---Body of the deceased did not bear any injury marks---Opinion of medical officer who performed autopsy on the deceased did not remove the uncertainty hovering over the cause of her death---Part of said opinion mentioned cause of death as ischaemia (heart disease), whereas another part of the, said opinion showed an element of estimation/speculation on pall of the medial officer that possibility of death resulting from stress due to robbery could' not be ruled out---Said opinion of medical officer did not establish in categorical terms that the deceased had met an unnatural death---Such obscurity could only be removed during the course of the trial---Co-accused of the crime had been granted bail---Identification of the accused at the. test identification parade did not divulge any role, allegedly played by him at the time of the occurrence---Evidence of alleged recovery at the instance of the accused seemed insignificant, in circumstances of the case---Case against the accused called for further probe into his guilt as contemplated under S. 497(2), Cr. P. C---Accused was admitted to bail. ORDER SHAHID HAMEED DAR, J.---Farhan (petitioner) seeks bail after arrest in case F.I.R. No. 418 of 2011 dated 12-11-2011 under sections 302, 392, 411 P.P.C. registered at Police Station Chinab Nagar, District Chiniot. 2. It is a case of circumstantial evidence mainly hinging at the evidence of test identification parade held on 3-12-2011 during the course of which Farhan (petitioner) was correctly picked-up by witnesses Muhammad Azam and Ahmad Ali, the evidence of last seen, presented by witnesses Ahmad Ali and Muhammad Azam…
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