| Citation(s) |
|---|
| 2019 SLG 3013 2019 SLD 3013 2019 SCMR 1923 |
Supreme Court of Pakistan
Criminal Petitions Nos. 180-L and 209-L of 2018, decision & hearing Dated: 23-05-2018. (Against the orders of the Lahore High Court, Lahore Dated 30.01.2018 and 19.02.2018 passed in Criminal Misc. No. 155930-B of 2018 and Criminal Misc. No. 119831-B of 20
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Muhammad Akbar Wallana, Advocate Supreme Court and in person (in both petitions).
Respondent(s) by: Ch. M. Sarwar Sidhu, Additional P.G., Mirza Qadoos Baig, S.P. Investigation and Shaukat Ali, IO Sabtain Akhtar Bukhari, Advocate Suprem
Criminal Petitions Nos. 180-L and 209-L of 2018, decision & hearing Dated: 23-05-2018. (Against the orders of the Lahore High Court, Lahore Dated 30.01.2018 and 19.02.2018 passed in Criminal Misc. No. 155930-B of 2018 and Criminal Misc. No. 119831-B of 20
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE SYED MANSOOR ALI SHAH, JUSTICE
Petitioner(s) by: Muhammad Akbar Wallana, Advocate Supreme Court and in person (in both petitions).
Respondent(s) by: Ch. M. Sarwar Sidhu, Additional P.G., Mirza Qadoos Baig, S.P. Investigation and Shaukat Ali, IO Sabtain Akhtar Bukhari, Advocate Suprem
AQSA SAFDAR AND ANOTHER
VS
THE STATE AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Pakistan Penal Code, 1860
Section: 148,149,201,302,364
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 201, 302, 364, 148 & 149---Qatl-i-amd, kidnapping, disappearance of evidence and rioting armed with deadly weapons---Pre-arrest bail, grant of---Unrecovered dead body---Mala fide of complainant---Proof---Accused persons sought their bail before arrest on grounds that no direct evidence against them was available---Validity---Prima facie there was nothing on record which could confirm that alleged deceased had actually died because his dead body was not recovered by then---Mala fide on part of complainant to falsely implicate accused persons could not be ruled out---Pre-arrest bail of accused was confirmed in circumstances. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, J.--- Through these petitions, the petitioners Aqsa Safdar (in Cr1. P. No. 180-L of 2018), Safdar Ali and Munir Ahmad (in Crl. P. No. 209-L of 2018) have impugned the orders dated 30.01.2018 and 19.02.2018, whereby bail before arrest was refused to them by the learned Lahore High Court, Lahore in case FIR No. 280 dated 03.09.2015, offence under sections 302, 364, 201, 148, 149, P.P.C., registered at Police Station Ganda. Singh, District Kasur. 2. We have heard learned counsel for the parties at some length and have perused the available record. 3. During the course of arguments, it has been observed by us that prima facie there is no direct evidence against either of the petitioners at the moment. So far as petitioner Aqsa Safdar is concerned, learned Additional Prosecutor General under instructions of the S.P. (Investigation) present in Court with relevant record, confirms that there is no incriminating material against her except CDRs and a number of text messages between petitioner Aqsa Safdar and alleged deceased Tayyab Khushi but there is no detail of the contents of the conversation between the deceased and the petitioner. The learned Law Officer, under instructions, further confirms that nothing transpires from the text messages between the petitioner and Tayyab Khushi, alleged deceased that she had deceitfully called Tayyab Khushi at the place of occurrence i.e. the house of the petitioner. As regards the…
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