| Citation(s) |
|---|
| 2023 SLG 2360 2023 SLD 2360 2023 SCMR 1898 |
Supreme Court of Pakistan
Criminal Petition No. 150-L of 2023, decided on 20th June, 2023. (On appeal against the order dated 20.01.2023 passed by the Lahore High Court, Lahore in Criminal Misc. No. 3872-B of 2023)Date of hearing: 20th June, 2023.
Present: Yahya Afridi and Sayyed Mazahar Ali Akbar Naqvi, JJ
Sahir Mehmood Bhatti, Advocate Supreme Court for Petitioner along with Petitioner. Mirza Abid Majeed, D.P.G.and Saeed, SI for the State. Complainant in person.
Criminal Petition No. 150-L of 2023, decided on 20th June, 2023. (On appeal against the order dated 20.01.2023 passed by the Lahore High Court, Lahore in Criminal Misc. No. 3872-B of 2023)Date of hearing: 20th June, 2023.
Present: Yahya Afridi and Sayyed Mazahar Ali Akbar Naqvi, JJ
Sahir Mehmood Bhatti, Advocate Supreme Court for Petitioner along with Petitioner. Mirza Abid Majeed, D.P.G.and Saeed, SI for the State. Complainant in person.
SAAD ZIA---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: 302,324,148,149
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. 302, 324, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Generalized allegation of causing indiscriminate firing has been alleged against the petitioner (accused), however, during the course of investigation, it transpired that the petitioner was empty handed at the time of occurrence and he has not been ascribed any overt act---Such opinion of the police has not been challenged, rather the petitioner was placed in column No. 2 of the report furnished under section 173, Cr.P.C.---Stance of the petitioner was that in-fact complainant party was the aggressor and two persons from the petitioner's side also sustained injuries during the occurrence, which were suppressed by the complainant side---Admittedly the petitioner himself surrendered before the law and joined investigation---In these circumstances, it is the Trial Court, who after recording of evidence would decide about the guilt or otherwise of the petitioner and till then the petitioner cannot be put behind bars for an indefinite period---Petitioner is a student having no criminal history and keeping him behind bars with hardened criminals would not be in the interest of justice---Case of the petitioner squarely falls 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 pre-arrest bail granted to the petitioner was confirmed. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Penal Code (XLV of 1860), S. 302---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Bail---Absconsion of accused---Absconsion cannot be viewed as a proof for the offence---Mere absconsion cannot be made a ground to discard the relief sought for as disappearance of a person after the occurrence is but natural if he is involved in a murder case rightly or wrongly. Rasool Muhammad v. Asal Muhammad 1995 SCMR 1373 and Muhammad Tasaweer v. Hafiz Zulkarnain PLD 2009 SC 53 ref. (c) Criminal Procedure Code (V of…
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