| Citation(s) |
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| 2025 SLG 192 2025 SLD 192 = 2025 SCMR 629 |
Crl.P.L.A.588/2024
Present: Justice Yahya Afridi, CJ Justice Shahid Waheed
For the Petitioner(s) : Mr. Riaz Hanif Rahi, ASC Syed Rifaqat Hussain Shah, AOR For the State : Ms. Chand Bibi, DPG Islamabad Kaleem Ullah, SHO Mansab Dar, SI/Investigating Officer
Muhammad Saeed v. The State thr. A.G. Islamabad and another
Law: Pakistan Penal Code, 1860
Section: 324, 337-F(ii)
Law: Arms Ordinance, 1965
Section: 13(d)
SUMMARY
The petitioner sought leave to appeal against the Islamabad High Court’s order granting pre-arrest bail to the accused in an attempted murder case. The FIR alleged that the accused fired at the petitioner’s sons, injuring a nine-year-old child. The petitioner argued that the High Court failed to consider the victim’s rights, the accused’s intent, and the legal requirements for bail.
The Supreme Court, after reviewing the case, upheld the High Court’s decision, noting that no crime empty was recovered, the alleged weapon was already in police custody, and the case required further inquiry. The Court found no sufficient incriminating material to justify the accused’s arrest. It also ruled that the High Court was not barred from granting bail despite the Sessions Court’s previous decision.