Case Details

Citation(s)
2020 SLG 650 2020 SLD 650 2020 SCMR 417
Supreme Court of Pakistan
Criminal Petition No. 1672-L of 2019, decision & hearing Date : 15-01-2020 (Against order Dated 02.12.2019 passed by Lahore High Court, Lahore in Criminal Misc. No. 51181-B of 2019)
MAQBOOL BAQAR, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Muhammad Ramzan Chaudhary, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record Mirza Abid Majeed, Deputy Prosecutor-General Punjab with Abid, I.O. for the State.
Respondent(s) by: Sajjad Hussain, Advocate Supreme Court

ZULFIQAR

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 302(b)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd--- Bail, grant of---Further inquiry---Accused and his co-accused persons were alleged to have made fire shots at the deceased---Accused was assigned effective role of firing qua the deceased in the crime report, however the investigating officer opined that the accused had merely abetted the crime without being present at the spot---Allegedly accused was accompanied by his two able bodied sons (co-accused), each of whom was lethally armed---Question was whether in such circumstance the accused had any occasion to be part of the occurrence was an issue to be best settled after recording of evidence---Three fire shots sustained by the deceased did not commensurate with the volley of fires collectively made by the assailants---Such circumstance additionally warranted further probe---Furthermore accused was in his late sixties, which was yet another factor in his favour---Culpability of accused certainly called for further probe, thus, a case for his release on bail stood made out---Accused was granted bail. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Behind bars since 14.06.2019, Zulfiqar, petitioner seeks admission to bail. It is alleged that on the fateful day, he along with his two sons accompanied by three unknown assailants, each armed with a .30 caliber pistol, confronted Muhammad Shakeel Jahangir, deceased in the backdrop of a motive relating to a dispute…
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