| Citation(s) |
|---|
| 2023 SLG 1377 2023 SLD 1377 2023 SCMR 884 |
Supreme Court of Pakistan
Criminal Petition No. 1619 of 2022, decided on 2nd February, 2023. Date of hearing: 2nd February, 2023. (On appeal against the order Dated 08.12.2022 passed by the Lahore High Court, Lahore in Criminal Misc. No. 71061-B of 2022)
Present: Sayyed Mazahar Ali Akbar Naqvi, Jamal Khan Mandokhail and Athar Minallah, JJ
Ch. Muhammad Ashraf Jalal, Advocate Supreme Court with Petitioner (via video link from Lahore) and Anis Muhammad Shahzad, Advocate-on-Record for Petitioner. Ch. Muhammad Sarwar Sidhu, Additional P.G., Muhammad Nadim, D.S.P. and Muhammad Ashraf, SI for th
Criminal Petition No. 1619 of 2022, decided on 2nd February, 2023. Date of hearing: 2nd February, 2023. (On appeal against the order Dated 08.12.2022 passed by the Lahore High Court, Lahore in Criminal Misc. No. 71061-B of 2022)
Present: Sayyed Mazahar Ali Akbar Naqvi, Jamal Khan Mandokhail and Athar Minallah, JJ
Ch. Muhammad Ashraf Jalal, Advocate Supreme Court with Petitioner (via video link from Lahore) and Anis Muhammad Shahzad, Advocate-on-Record for Petitioner. Ch. Muhammad Sarwar Sidhu, Additional P.G., Muhammad Nadim, D.S.P. and Muhammad Ashraf, SI for th
ABDUL REHMAN alias MUHAMMAD ZEESHAN---Petitioner
VERSUS
The STATE and others-----Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),498
Law: Penal Code (XLV of 1860)
Section: 4337-A(ii),337-L(2),147,149
Law: Constitution of Pakistan, 1973
Section: 185(3)
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(2), 498--- Penal Code (XLV of 1860), Ss. 337-A(ii), 337-L(2), 147, 149---Constitution of Pakistan, Art. 185(3)---Assault with a knife (churri)---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Crime report was lodged after an inordinate delay of five days for which not even a single word had been put forward by the complainant---Delayed registration of FIR prima facie showed deliberations and consultation on the part of the complainant---Co-accused persons, who were specifically named in the crime report, had already been granted pre-arrest bail---Possibility could not be ruled out that the accused had been involved in the case by throwing a wider net by the complainant especially when it was the case of the accused that the FIR was registered against a person named Z but the name of the accused had subsequently been added portraying his alias as Z---Accused was a young man having no criminal history and keeping him behind the bars with hardened criminals would not be in the interest of justice---Case of the accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and ad-interim bail granted to accused was confirmed. (b) Criminal Procedure Code (V of 1898)--- ----S. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Merits of the case---While granting pre-arrest bail, the merits of the case can be touched upon by the Court. Miran Bux v. The State PLD 1989 SC 347; Sajid Hussain alias Joji v. The State PLD 2021 SC 898; Javed Iqbal v. The State PLD 2022 SCMR 1424 and Muhammad Ijaz v. The State 2022 SCMR 1271 ref. ORDER 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 order dated 08.12.2022 passed by the learned Single Bench of the Lahore High Court, Lahore, with a prayer to grant pre-arrest bail in case registered vide FIR No. 213 dated 07.09.2022 under sections 337-A(ii)/337-L(2)/ 147/149, P.P.C. at Police Station Shah Gareeb,…
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