Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan, 1973------Art. 185(3)--Invoked jurisdiction of High Court--Constitutional petition--Injury ascribed to petitioner is on vital part of body; however, High Court cannot loose sight of other attending circumstances while adjudicating matter before us--Undeniably, there is in-ordinate delay of nine days in lodging of FIR for which no explanation has been rendered by prosecution--Injured was admitted in emergency on 21.05.2020 whereas he was discharged from hospital on 23.05.2020--It is strange enough that even after being discharge from hospital, matter was not reported to police which aspect cannot be ignored especially when inter se distance between place of occurrence and police station is merely 6/7 kilometers--Otherwise bare perusal of contents of crime report reflects that incident has taken place at spur of moment without any prior preparation--There is no allegation that any conventional weapon was used to commit instant crime rather it is specifically mentioned that injury was caused while hitting injured by a stone--prosecution witnesses during their statements under Section 161, Cr.P.C. categorically stated that stone pelting was done during scuffle from both sides--This aspect further lends support to fact that stone was recovered by investigating officer after lapse of nine days from an open place--When all these facts are evaluated conjointly, possibility cannot be ruled out that accusation levelled against petitioner is an after thought--High Court is conscious of fact that liberty of person is a precious right which has been guaranteed under Constitution of Islamic Republic of Pakistan, 1973--Accumulative effect of all these facts and circumstances narrated above, we are persuaded to grant leave to appeal in instant petition while converting it into appeal and same is allowed--Petitioner shall be released on bail subject to his furnishing bail bonds in sum of Rs. 1,00,000/-with two sureties in like amount to satisfaction of trial Court--Appeal was allowed. Constitution of Pakistan, 1973------Art. 185(3)--Invoked jurisdiction of High Court--Constitutional petition--Injury ascribed to petitioner is on vital part of body;…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492