Case Details

Citation(s)
2018 SLG 1458 2018 SLD 1458 2018 YLR 1162
Lahore High Court
Crl. Misc. No. 133760-B of 2018, decision Dated: 28-02-2018.
SARDAR MUHAMMAD SHAMIM KHAN, JUSTICE
Asghar Ali Gill for Petitioner. Humayoun Aslam D.P.G. and Naeem ASI with record for the State. Zafar Zulqarnain Sahi for the Complainant.

MUHAMMAD SAJJAD QAMAR

VS

THE STATE AND OTHERS

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 148 & 149---Qatl-i-amd, rioting, common object---Bail, refusal of---Accused was nominated in the FIR---Specific allegation against accused was that he inflicted burst of Kalashnikov on the deceased causing serious injuries, which caused his death---Ocular account furnished by the prosecution qua the allegation against accused, found corroboration from the postmortem examination report of the deceased---Accused, during investigation, was declared innocent by the Police simply on the basis of his travelling history to abroad---According to the findings of Investigating Officer, accused had gone abroad when the alleged occurrence took place---While forming said opinion, Police did not record the statement of the concerned officials of the Emigration Department from where accused made departure from Pakistan and thereafter came back to Pakistan---No evidence was available on record that Investigating Officer verified the travelling tickets of accused from the concerned officials---Mere opinion of the Police without collecting any cogent evidence, could not be taken into consideration at the time of disposal of bail petition---Only Trial Court was competent to decide the same after recording evidence of the parties---Accused remained absconder for a period of more than four years---Offence alleged against accused, came within the purview of prohibitory clause of S.497, Cr.P.C.---Prima facie, sufficient incriminating material was available on record connecting accused with the commission of occurrence---Accused, in circumstances, was not entitled to the concession of bail on the basis of plea of alibi accepted by the Police. THIS ORDER PASSED BY: SARDAR MUHAMMAD SHAMIM KHAN, JUSTICE:---.--- Muhammad Sajjad Qamar petitioner seeks post arrest bail in a case registered against him vide FIR No. 100/2013 dated 25.03.2013 offences under sections 302, 148 and 149, P.P.C. at Police Station Balochni District Faisalabad. 2. Precise allegation against the petitioner as narrated by the complainant in the FIR was that Sajjad Qamar petitioner who was allegedly armed with Kalashnikov inflicted…
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