2020 PLP 1253 (SCMR)
BABAR NADEEM — Petitioner Versus The STATE through P.G. Punjab and another — Respondents
| Citation | 2020 PLP 1253 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam, Qazi Muhammad Amin Ahmed and |
| Parties | BABAR NADEEM — Petitioner Versus The STATE through P.G. Punjab and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 1253 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 1253 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam, Qazi Muhammad Amin Ahmed and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1253 (SCMR) (BABAR NADEEM — Petitioner Versus The STATE through P.G. Punjab and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naveed Ahmed Khawaja, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(Against the order dated 5.6.2020 passed by the Lahore High Court, Lahore in Crl. Misc. No. 19465-B of 2020)
Ss. 498 & 497(2)
Penal Code (XLV of 1860), Ss. 302(b) & 109
Qatl-i-amd, abetment
Ad interim pre-arrest bail, confirmation of
Argument of accused that in the absence of any legal evidence there was no occasion for the Courts below to deny judicial protection of bail to him in the face of mala fide vividly lurking behind his intended arrest warranted serious consideration
Accused, who was allegedly one of the abettors to the murder, was not mentioned in the crime report despite having been spotted by the witnesses, shortly before the incident
Furthermore another co-accused, who was alleged to have abetted the crime was let off by the prosecution
Omission of name of accused from the crime report brought his culpability within the purview of S. 497(2), Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed, and ad-interim bail granted to the accused was confirmed. Mirza Abid Majeed, Additional Prosecutor General Punjab along with Rana Tanvir, SHO and M. Akram, I/O for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Manzoor Ahmed, deceased, was done to death by two unknown assailants, inside his house, located within the remit of Police Station Saddar Arifwala, District Pakpattan at 9:00 p.m. on 17.2.2020; they vanished into the darkness; identified as assassins Muhammad Din, Muhammad Latif and Tanvir Hussain were subsequently arrested under section 54 on 29.2.2020; it is upon their disclosure that Babar Nadeem, petitioner along with two others was taken on board as amongst the abettors behind the scene; one of them, namely, Naveed has since been let off from the array. As the investigation progressed, the Investigating Officer recorded statements of Sher Muhammad and Muhammad Shahbaz PWs on 18.2.2020; according to them, they had seen the petitioner along with two others, shortly before the occurrence, an information that they statedly conveyed to the complainant after the occurrence. It is through these statements that the prosecution also introduced the motive that related to a brawl between the parties 4/5 months prior to the incident.
2. Heard. Record perused.
3. Argument that in the absence of any legal evidence there was no occasion for the Courts below to deny judicial protection to the petitioner in the face of mala fide vividly lurking behind the intended arrest warrants serious consideration. We would refrain to comment upon the absence of abettors' name in the crime report despite their having been spotted by the witnesses, shortly before the tragedy struck a small rural neighbourhood i.e. Chak No.72-EB, nonetheless, the omission by itself brings petitioner's culpability within the purview of subsection (2) of section 497 of the Code of Criminal Procedure 1898; combined with exoneration of Naveed from the list of abettors, argued as mutually destructive with the hypothesis of conspiracy, does admit space to contemplate considerations for arrest other than being noble; a case for judicial protection stands made out. Petition is converted into appeal and allowed; ad interim bail granted vide order dated 8.7.2020 is confirmed upon furnishing a bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the trial Court. MWA/B-12/SC Bail confirmed.