| Citation(s) |
|---|
| 2024 SLG 5733 2024 SLD 5733 = 2024 PLD 1241 |
Supreme Court of Pakistan
Criminal Petition No. 157 of 2024 and Crl. P. No. 894 of 2024, decided on 23rd August, 2024. (On appeal against the order dated 12.02.2024 of the High Court of Sindh Bench at Sukkur passed in Crl. B. A. No. S-544 of 2023).
Present: Amin-ud-Din Khan and Naeem Akhtar Afghan, JJ
Abdul Rasheed Kalwar, Advocate Supreme Court along with Complainant for the Complainant (in both petitions). Razzaq A. Mirza, Advocate Supreme Court for Petitioner (in Crl. P. No. 894 of 2024). Siraj Ali Khan Chandio, Addl.P.G., Sindh for the State (in both petitions) (Via video link from Karachi). Date of hearing: 23rd August, 2024.
Criminal Petition No. 157 of 2024 and Crl. P. No. 894 of 2024, decided on 23rd August, 2024. (On appeal against the order dated 12.02.2024 of the High Court of Sindh Bench at Sukkur passed in Crl. B. A. No. S-544 of 2023).
Present: Amin-ud-Din Khan and Naeem Akhtar Afghan, JJ
Abdul Rasheed Kalwar, Advocate Supreme Court along with Complainant for the Complainant (in both petitions). Razzaq A. Mirza, Advocate Supreme Court for Petitioner (in Crl. P. No. 894 of 2024). Siraj Ali Khan Chandio, Addl.P.G., Sindh for the State (in both petitions) (Via video link from Karachi). Date of hearing: 23rd August, 2024.
SAEED AHMED and another---Petitioners
VERSUS
The STATE---Respondent
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497(2) & 498
Law: Penal Code (XLV of 1860)
Section: 302, 324, 337-H(2), 337F(v), 114, 148 & 149
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)-------Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 302, 324, 337-H(2), 337F(v), 114, 148 & 149---Constitution of Pakistan, Art.185(3)---Murderous assault--Ad-interim pre-arrest bail, confirmation of---Further inquiry---During investigation both the petitioners (accused persons) had taken plea of alibi with the contention that on the date and time of the alleged occurrence, they both were visiting a hospital in city "K" and had also drawn cash from a bank ATM booth installed within the hospital at the date and time of the occurrence---Apart from recording statements of the witnesses during investigation, Call Data Record (CDR) of petitioner "S" was also availed showing his presence in city "K" at the date and time of the occurrence---Investigating officer also collected and verified the laboratory slips of the hospital showing presence of both the petitioners in the hospital on the date and time of the alleged occurrence---Investigating officer also collected CCTV footages of the ATM booth in the hospital wherein both the petitioners were seen present---Investigating officer appeared before the Supreme Court with the statement that he had investigated both the petitioners; that on completion of investigation both the petitioners were found innocent by the police due to lack of incriminating evidence and they both had been placed in Column No.2 of the Challan; that both the petitioners were no more required for any further investigation or probe as the trial had already commenced---Apprehension of the petitioners about their arrest by the police at the behest of the complainant with ulterior motives to create humiliation and unjustified harassment could not be held to be vague or baseless---Investigation had already been completed---No recovery of firearms had been affected from the petitioners---Admittedly, the petitioners facing trial were no more required for any further investigation or probe---Guilt or innocence of the petitioners was yet to be determined at the trial after recording evidence---Bail could not be withheld as mere punishment---On the basis of tentative assessment of the material so far available…
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