| Citation(s) |
|---|
| 2016 SLG 2445 2016 SLD 2445 2016 SCMR 2046 |
Supreme Court of Pakistan
Criminal Petition No. 53-L of 2016, decided on 8th March, 2016. Date of hearing: 8th March, 2016. (Against the order Dated 1-12-2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 9895-B of 2015)
ASIF SAEED KHAN KHOSA, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE AND SARDAR TARIQ MASOOD, JUSTICE
Ch. Anwar-ul-Haq Pannun, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for Petitioner. Shahid Azeem, Advocate Supreme Court for the Complainant. Mazhar Sher Awan, Additional Prosecutor-General, Punjab and Ishtiaq, S.I. for the State
Criminal Petition No. 53-L of 2016, decided on 8th March, 2016. Date of hearing: 8th March, 2016. (Against the order Dated 1-12-2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 9895-B of 2015)
ASIF SAEED KHAN KHOSA, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE AND SARDAR TARIQ MASOOD, JUSTICE
Ch. Anwar-ul-Haq Pannun, Advocate Supreme Court and Mrs. Tasneem Amin, Advocate-on-Record for Petitioner. Shahid Azeem, Advocate Supreme Court for the Complainant. Mazhar Sher Awan, Additional Prosecutor-General, Punjab and Ishtiaq, S.I. for the State
MUHAMMAD RAMZAN
VS
THE STATE AND OTHERS
Law:
Section:
. (a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 311, 148 & 149---Qatl-i-amd, ta'azir after waiver or compounding of right of qisas in qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Case of cross versions---Medical evidence not supporting role attributed to the accused---Accused had been implicated in the case as an accused person through a cross-version advanced by the opposite party---Accused was alleged to have used his rifle to cause firearm injury on the deceased, while the co-accused, armed with a pistol, was also alleged to have effectively fired at the deceased---Post-mortem examination report of deceased however showed that she had sustained only one firearm injury, thus, prima facie the medical evidence available on the record did support the case of the prosecution vis-a-vis the role played by the accused---Apart from that the present case was a case of different versions advanced by the rival parties---Case against the accused called for further inquiry into his guilt---Accused had been arrested about a year and a half ago and his trial had not witnessed any progress so far---Investigation of the case had already been finalized and a challan had been submitted and thus, physical custody of the accused was not required at present stage for the purposes of investigation---Accused was admitted to bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Concession of bail ought not to be withheld by way of premature punishment. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:----------------- Criminal Miscellaneous Application No. 84-L of 2016 This miscellaneous application is allowed and the documents appended therewith are permitted to be brought on the record of the main petition. Disposed of. Criminal Petition No. 53-L of 2016 2. Through this petition Muhammad Ramzan petitioner has sought, leave to appeal against the order dated 01.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 9895-B of 2015 whereby post-arrest bail was refused to him in the…
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