| Citation(s) |
|---|
| 2022 SLG 1120 2022 SLD 1120 2022 SCMR 828 |
Supreme Court of Pakistan
Criminal Petition No. 1225 of 2021, decision Dated: 27-01-2022, Date of hearing: 27-01-2022 (Against the order Dated 14.10.2021 passed by the Lahore High Court Lahore in Criminal Misc. No. 51549-B of 2021)
UMAR ATA BANDIAL, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Aurangzeb Maral, Advocate Supreme Court Ch. Muhammad Sarwar Sidhu, Additional P.G. Punjab along with Ghulam Muhammad, DSP, M. Irfan, SI and Nadeem, SHO for the State.
Criminal Petition No. 1225 of 2021, decision Dated: 27-01-2022, Date of hearing: 27-01-2022 (Against the order Dated 14.10.2021 passed by the Lahore High Court Lahore in Criminal Misc. No. 51549-B of 2021)
UMAR ATA BANDIAL, JUSTICE, SYED MANSOOR ALI SHAH, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Aurangzeb Maral, Advocate Supreme Court Ch. Muhammad Sarwar Sidhu, Additional P.G. Punjab along with Ghulam Muhammad, DSP, M. Irfan, SI and Nadeem, SHO for the State.
KASHIF ALIAS WAJID ALIAS WAJU
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 302(b)
Criminal Procedure Code (V of 1898)---S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Prosecution case initially set up in the crime report by the deceased’s nephew, was diametrically different from the version advanced by the deceased’s daughter through her supplementary statement---Plea of deceased’s daughter that she being a Pardanashin lady stayed away from the investigative process as well as evidentiary value of her supplementary statement to implicate the accused were issues that squarely brought accused’s case within the purview of subsection (2) of section 497, Cr.P.C, and, thus, would best be settled after recording of evidence during the trial---Furthermore it would be unconscionable to keep the accused in custody, particularly when it was not serving any useful purpose, relative to the investigation---Petition for leave to appeal was converted into appeal and allowed; and the accused was released on bail. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Mohsin Ali Shah and Aftab son of Ghulam Rasool were surprised by two unknown assassins at their Dera, 8:00 p.m. on 31.8.2015, located within the precincts of Police Station Ferozwala District Gujranwala; incident was reported by Ghazanfar Ali Gillani, a nephew of Mohsin Ali Shah who gave assailants’ description, without citing motive for the crime. Mohsin Ali Shah deceased was survived by his daughters; of them, Sidra Batool came forward to record a supplementary statement on 7.12.2015 wherein she nominated the petitioner and Muhammad Farooq as suspects for the crime; she claimed to have herself witnessed the occurrence. Alleging complainant’s collaboration with Iqbal Butter co-accused, since acquitted, who according to her, had engaged the accused, hired assassins, to murder the deceased in the backdrop of election rivalry. Pursuant to supplementary statement dated 7.12.2015, the police…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492