| Citation(s) |
|---|
| 2022 SLG 1175 2022 SLD 1175 2022 SCMR 1424 |
Supreme Court of Pakistan
Criminal Petition No. 188-L of 2022, decision dated: 31st March, 2022. (Against the order dated 04.02.2022 of the Lahore High Court, Lahore passed in Criminal Misc. No. 75840-B of 2021)
UMAR ATA BANDIAL, C.J. AND SAYYED MAZAHAR ALI AKBAR NAQVI, J
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Criminal Petition No. 188-L of 2022, decision dated: 31st March, 2022. (Against the order dated 04.02.2022 of the Lahore High Court, Lahore passed in Criminal Misc. No. 75840-B of 2021)
UMAR ATA BANDIAL, C.J. AND SAYYED MAZAHAR ALI AKBAR NAQVI, J
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JAVED IQBAL
VS
The STATE through Prosecutor General of Punjab and another
Law: Criminal Laws Reform Ordinance, 2002
Section: 498
Law: Penal Code (XLV of 1860)
Section: 324,452,337-L(2),34
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 324, 452, 337-L(2) , 34---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd after trespassing into a house---Pre-arrest bail, grant of---Possibility of false implication---Co-accused already granted bail---Admittedly, nobody received any injury during the incident---Perusal of FIR showed that accused was not armed with any firearm and in-fact his son had a rifle, which the accused allegedly took later on---Accused’s son had been granted post arrest bail by the Trial Court, which although had been challenged by the complainant but without any result so far---Case of the accused was even at better footing as compared to the case of his son---According to the accused he had gone to the house of complainant party for negotiations to settle a civil dispute---Possibility of false implication of accused to gain benefits in the civil litigation could not be ruled out---Accused had made out a case for bail as his case squarely fell within the purview of section 497(2), Cr.P.C. calling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was granted pre-arrest bail. Muhammad Ramzan v. Zafarullah 1986 SCMR 1380 ref. (b) Penal Code (XLV of 1860)--- ----S. 324--- Attempt to commit qatl-i-amd---Pre-requisites for conviction---In an attempt to murder case falling within the ambit of section 324. P.P.C., the nature of the act done, the intention of the offender and the circumstances leading to the occurrence are the essential ingredients, which need to be probed into to determine the guilt or otherwise of an accused. (c) Criminal Procedure Code (V of 1898)--- ----S. 498--- Pre-arrest bail---Merits of the case---While granting extraordinary relief of pre-arrest bail, merits of the case can be touched upon. Miran Bux v. The State PLD 1989 SC 347 ref. M. Hanif Tahir, Advocate Supreme Court for Petitioner along with Petitioner in person. Khurram Khan, Additional P.G., Mian Afzal, DSP and M. Ilyas, ASI for Respondents. Rashid Javed Lodhi, Advocate Supreme Court for the Complainant. hearing date: 31st March,…
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