| Citation(s) |
|---|
| 2024 SLG 2765 2024 SLD 2765 2024 SCMR 594 |
Supreme Court of Pakistan
Criminal Petitions Nos. 528-L and 1068-L of 2023, decided on 15th January, 2024. (Against orders dated 05.05.2023 and 06.09.2023, passed by the Lahore High Court, Lahore in Criminal Miscellaneous Nos.22217-B and 41247-B of 2023) Date of hearing: 15th Jan
Present: Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Irfan Sadiq Tarar, Advocate Supreme Court for Petitioner (in Criminal P. No. 528-L of 2023). Ch. Waseem Ahmed Gujar, Advocate Supreme Court (through video link Lahore) for Petitioner (in Criminal P. No.1068-L of 2023). Javed Imran Ranjha, Advocate Supre
Criminal Petitions Nos. 528-L and 1068-L of 2023, decided on 15th January, 2024. (Against orders dated 05.05.2023 and 06.09.2023, passed by the Lahore High Court, Lahore in Criminal Miscellaneous Nos.22217-B and 41247-B of 2023) Date of hearing: 15th Jan
Present: Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Irfan Sadiq Tarar, Advocate Supreme Court for Petitioner (in Criminal P. No. 528-L of 2023). Ch. Waseem Ahmed Gujar, Advocate Supreme Court (through video link Lahore) for Petitioner (in Criminal P. No.1068-L of 2023). Javed Imran Ranjha, Advocate Supre
SHAUKAT ALI and another---Petitioners
VS
The STATE through Prosecutor General, Punjab, Lahore and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302,324,34
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, cancellation of---Misuse of bail---Extending threats to complainant party---Accused (respondent) had been nominated in the FIR with a specific role and the recovery of weapon used in commission of offence had been effected from him---Medical evidence fully supported the stance taken by the prosecution---Complainant and the eye-witnesses fully implicated the accused for the offence while deposing that the accused with the intent to kill the deceased has made straight firing upon him---Furthermore, after registration of FIR, the investigation was handed over to a Police Inspector, who failed to investigate the case fairly/impartially and became partisan with the accused persons and gave his opinion regarding non-involvement of the accused persons in the offence---Complainant filed a private complaint before the Judicial Magistrate, which was, accordingly forwarded to the Additional Sessions Judge, who subsequently found that sufficient incriminating material was available against all the accused persons---As regards the accused being a highly influential person who was extending threats of dire consequences to the complainant, the same amounted to misuse of concession of bail---Petition was converted into appeal and allowed, and bail granted to accused was recalled/cancelled. Amir Faraz v. The State 2023 SCMR 308 ref. JUDGMENT Criminal P. No.528-L of 2023: SYED HASAN AZHAR RIZVI, J.---Through this petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner/complainant, namely Shaukat Ali, assails the order dated 05.05.2023 passed by the Lahore High Court by which post arrest bail was granted to the respondent, namely, Ali Ashraf. 2. Succinctly, facts of the case are that the petitioner/complainant lodged an FIR No. 192 dated 10.01.2023 registered under sections 302, 34, 324, P.P.C. at Police Station Chung, District Lahore on the allegations that the respondent along with his co-accused while armed with respective weapons in furtherance of…
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