| Citation(s) |
|---|
| 2023 SLG 1428 2023 SCMR 1243 2023 SLD 1428 |
Supreme Court of Pakistan
Criminal Petitions Nos. 41-K and 42-K of 2023, decided on 29th May, 2023. (On appeal against the order dated 30.01.2023 passed by the High Court of Sindh, Sukkur in Crl. Bail Applications Nos. S -678/2022 and S-32/2023)Date of hearing: 29th May, 2023.
Present: Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi and Muhammad Ali Mazhar, JJ
Zuber Ahmed Rajput, Advocate Supreme Court for Petitioner along with Petitioner in person (via video link from Karachi). Hussain Bukhsh Baloch, Additional P.G. Sindh for the State.
Criminal Petitions Nos. 41-K and 42-K of 2023, decided on 29th May, 2023. (On appeal against the order dated 30.01.2023 passed by the High Court of Sindh, Sukkur in Crl. Bail Applications Nos. S -678/2022 and S-32/2023)Date of hearing: 29th May, 2023.
Present: Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi and Muhammad Ali Mazhar, JJ
Zuber Ahmed Rajput, Advocate Supreme Court for Petitioner along with Petitioner in person (via video link from Karachi). Hussain Bukhsh Baloch, Additional P.G. Sindh for the State.
JAMALUDDIN and another---Petitioners
VS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),498
Law: Penal Code (XLV of 1860)
Section: 324,148,149
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) 498---Penal Code (XLV of 1860), Ss. 324, 148 149---Constitution of Pakistan, Art. 185(3)---Murderous assault with firearms--- Ad-interim pre-arrest bail, confirmation of---Bail, grant of---Further inquiry---First Information Report was lodged after an inordinate delay of about three days---Only explanation put forth by the complainant was that firstly they got the Police letter for treatment from Civil Hospital and after the treatment they lodged the FIR---However, this explanation did not seem to be impressive, especially when the Police was allegedly approached by the complainant on the very first day---Complainant and the injured prosecution witness received injuries on the non-vital parts of the body and the accused and co-accused did not repeat the fire despite having ample opportunity to do so---In this view of the matter, the question whether section 324, P.P.C. would be applicable in the case or not would be determined by the Trial Court after recording of evidence---Case of the accused and co-accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into their guilt---Petitions for leave to appeal were converted into appeals, and allowed, ad interim pre-arrest bail granted to the accused was confirmed, whereas the co-accused was admitted to post-arrest bail. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through the instant petitions under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have assailed the order dated 30.01.2023 passed by the learned Single Judge of the learned High Court of Sindh, Bench at Sukkur, with a prayer to grant pre-arrest bail (in Criminal Petition No. 41-K/2023) and post-arrest bail (in Criminal Petition No. 42-K/2023) in case registered vide FIR No. 317/2022 dated 21.11.2022 under sections 324/148/149, P.P.C. at Police Station Shaheed Murtaza Meerani, Khairpur, in the interest of safe administration of criminal justice. 2. Briefly stated the allegation against the petitioners is that they along with co-accused while armed with firearms launched a murderous assault on the complainant party. The…
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