Case Details

Citation(s)
2013 SLG 490 2013 SLD 490 2013 PCRLJ 1580
Lahore High Court
Criminal Miscellaneous No. 4264/B of 2013, decided on 31st May, 2013
MISS AALIA NEELUM, J
Ch. Muhammad Safdar Bhatti for Petitioner. Muhammad Nawaz Shahid, DDPP for the State. Ch. Sajid Ali Bul for the Complainant. Muhammad Ashraf, S.-I. with record.

BILAL AHMAD alias BILALI

VS

The STATE and another

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

Law: Pakistan Penal Code, 1860

Section: 302,324,148,149,335

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 148, 149 & 335---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-e-amd, attempt to commit qatl-e-amd, rioting armed with deadly weapons, unlawful assembly, itlaf-i-salahiyyat-i-udw---Bail, grant of---Further inquiry---Identification parade conducted after nomination of accused in the case---No specific injury attributed---Effect---Accused along with the co-accused was alleged to have fired at the complainant party, which resulted in death of one person and caused injuries to another---Accused was not named in the F.I.R. and was implicated for the offence by way of supplementary statement of complainant, recorded after a delay of two days, wherein it was stated that prosecution witnesses saw the accused going to the place of occurrence on a motorcycle---Although complainant and prosecution witnesses identified the accused in the test identification parade, but the same lost its efficacy in the presence of supplementary statement of complainant as said identification parade was conducted after nomination of accused in the case---No specific injury was attributed to the accused and he was only attributed general role of firing---Evidentiary value of recovery of motorcycle and weapon from accused could be determined by the Trial Court after recording of evidence---Investigating officer found six of the accused, including the co-accused to whom fatal injuries were specifically attributed, as innocent---Complainant, being dissatisfied with the investigation filed a private complaint by assigning the same role to the accused as in the F.I.R.---Trial Court was yet to determine as to which of the attributions, i.e. those in the F.I.R., or private complaint, or supplementary statement of complainant or those of the investigating officer were correct or believable against the accused---Such fact alone was sufficient to bring case of accused within the scope of further inquiry---Accused granted bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Qanun-e-Shahadat (10 of 1984), Art. 22--- Bail---Identification parade conducted after nomination of…
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