| Citation(s) |
|---|
| 2022 SLG 969 2022 SLD 969 2022 SCMR 1229 |
Supreme Court of Pakistan
Criminal Petition No. 35 of 2021, decision Dated: 2nd February, 2022, Hearing Date : 2nd February, 2022. (On appeal against the order Dated 22.12.2020 passed by the Peshawar High Court, D.I. Khan in Cr. MBCA No. 378-D of 2020)
SAJJAD ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Burhan Latif Khaisuri, Advocate Supreme Court along with
Respondent No. 3 for
Respondent No. 3. Arshad Hussain Yousafzai, Advocate Supreme Court and Said Qamar, S.I. for the State.
Criminal Petition No. 35 of 2021, decision Dated: 2nd February, 2022, Hearing Date : 2nd February, 2022. (On appeal against the order Dated 22.12.2020 passed by the Peshawar High Court, D.I. Khan in Cr. MBCA No. 378-D of 2020)
SAJJAD ALI SHAH, JUSTICE, SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Burhan Latif Khaisuri, Advocate Supreme Court along with
Respondent No. 3 for
Respondent No. 3. Arshad Hussain Yousafzai, Advocate Supreme Court and Said Qamar, S.I. for the State.
AURANGZEB
VS
THE STATE AND OTHErs
Law: Criminal Procedure Code (V of 1898)
Section: 497,497(5)
Law: Pakistan Penal Code, 1860
Section: 34,324
Criminal Procedure Code (V of 1898)---S. 497(5)---Penal Code (XLV of 1860), Ss. 324 , 34---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd, common intention---Bail, cancellation of---Accused was specifically nominated in the crime report wherein a specific accusation of causing firearm injuries on the abdominal region of the complainant was alleged against him---Occurrence had taken place in broad daylight and there was no chance of any misidentification especially when the parties were known to each other---Injuries ascribed to the accused were supported by medical evidence---Mode and manner of the occurrence was fully established from the record---Offence alleged against the accused did fall within the prohibitory clause of section 497, Cr.P.C.---Bail had been granted to the accused against the merits and ignoring the principles for grant of bail---Petition for leave to appeal was converted into appeal and allowed, and bail granted to accused was cancelled. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks cancellation of bail granted to the respondents Muhammad Tofail and Uzair by the learned Additional Sessions Judge, Paharpur (D.I. Khan) vide order dated 02.10.2020, which was upheld by the learned High Court vide impugned order, in case registered vide FIR No. 500 dated 07.08.2020 under sections 324/34, P.P.C. at Police Station Paharpur, District D.I. Khan, in the interest of safe administration of criminal justice. 2. As per the contents of the crime report, on the fateful day and time, the petitioner was in his fields when suddenly the respondents came on motorbike. The respondent Uzair took out pistol and started firing at the petitioner, which hit on his left lumber region. After commission of the crime, the accused fled away. After their arrest, the respondents approached the learned Trial Court for their post-arrest bail and succeeded in getting the relief. Being aggrieved by the order of the learned Trial Court, the petitioner challenged the same before the Peshawar High Court by filing Criminal…
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