| Citation(s) |
|---|
| 2023 SLG 2457 2023 SLD 2457 2023 PLD 79 |
Supreme Court of Pakistan
Crl. P. No. 352-L of 2022, decided on 23.11.2022. (On appeal against the order dated 14.02.2022 passed by the Lahore High Court, Lahore in Crl. Misc. No. 8593-B/2022)Date of hearing: 23.11.2022.
Present: IJAZ UL AHSAN, MUNIB AKHTAR AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.
Mr. Khalid Masood Sandhu, ASC a/w for Petitioner Mirza Muhammad Usman, DPG, Mr. Hassan Farooq, DSP, Mr. Abdul Razzaq, ASI for State.
Crl. P. No. 352-L of 2022, decided on 23.11.2022. (On appeal against the order dated 14.02.2022 passed by the Lahore High Court, Lahore in Crl. Misc. No. 8593-B/2022)Date of hearing: 23.11.2022.
Present: IJAZ UL AHSAN, MUNIB AKHTAR AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ.
Mr. Khalid Masood Sandhu, ASC a/w for Petitioner Mirza Muhammad Usman, DPG, Mr. Hassan Farooq, DSP, Mr. Abdul Razzaq, ASI for State.
MUHAMMAD UMAR WAQAS BARKAT ALI--Petitioner
VERSUS
STATE and another--Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 498/498(a)
Law: Penal Code (XLV of 1860)
Section: 337-A(ii)337-F(v)/337-A(i)/354/148/149
Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498/498(a)--Pakistan Penal Code, (XLV of 1860), Ss. 337-A(ii)/ 337-F(v)/337-A(i)/354/148/149--Cross-version--Overt act--Pre-Arrest Bail--Grant of--There is no denial to this fact that it was the father of the petitioner, who had firstly lodged FIR against the complainant of cross-version and his co-accused--The medico legal certificates available on record prima facie support the accusation--After six days of the incident--lodged the cross-version--The complainant had ascribed the injury on his left arm below elbow to the co-accused--During investigation, the stance of the complainant was found to be not true--It raises serious question about the veracity of the complainant’s allegations. The opinion of the investigating officer regarding the overt act of the petitioner has to be evaluated after recording of evidence as an abundant caution--Liberty of a person is a precious right, which has been guaranteed under the Constitution of Islamic Republic of Pakistan, 1973, and the same cannot be taken away merely on bald and vague allegations--It is a case of two versions and it is established principle of law that where there is a case of two versions narrated before the Court, it squarely falls within the ambit of Section 497(2) Cr.P.C--Confirm the ad interim pre-arrest bail. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498/498-a--Pre-arrest bail--scope--Merits of the case--Merits of the case can be touched upon while adjudicating extraordinary relief of pre-arrest bail. PLD 2021 SC 898; PLD 2022 SC 1424; 2022 SCMR 1271; PLD 1989 SC 347 ref. Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498/498-a--Bail--scope--It is a case of two versions and it is established principle of law that where there is a case of two versions narrated before the Court, it squarely falls within the ambit of Section 497(2) Cr.P.C. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Through the instant petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has assailed the consolidated order dated 14.02.2022 (separate order dated 21.02.2022) passed by the learned Single Judge of the…
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