2022 PLP 1153 (SCMR)
NOOR WALI and another — Petitioners Versus The STATE and another — Respondents
| Citation | 2022 PLP 1153 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | NOOR WALI and another — Petitioners Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 1153 (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 2022 PLP 1153 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 1153 (SCMR) (NOOR WALI and another — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hussain Ali, Advocate Supreme Court and Anis Muhammad Shahzad, Advocate-on-Record for Petitioners.
- Shumayl Aziz, Additional Advocate General Khyber Pakhtunkhwa for the State.
Headnotes / Summary
(Against the judgment dated 13.12.2021 passed by the Peshawar High Court Peshawar in Crl. M. (B.A.) No. 4124-P of 2021)
S. 497
Penal Code (XLV of 1860), S. 302(b)
Constitution of Pakistan, Art. 185(3)
Running over a customs official at a check post
Plea of accused persons that the constable was accidentally run over by their speeding vehicle
Held, that said plea failed to impress as the Customs authorities in anticipation of arrival of the said vehicle with smuggled contraband on board had set up a blockade, calculatedly breached by the accused persons by running over a State functionary, standing in the line of duty, which was a criminal transgression with consequences most serious
Smuggled items, taken into possession in the wake of the incident lent credible support to the prosecution case, set up in the crime report
Material collected by the prosecution constituted "reasonable grounds" within the contemplation of section 497, Cr.P.C. standing in impediment to their release on bail, in the absence of any consideration calling for further probe
Petition for leave to appeal was dismissed and accused persons were refused bail. Shumayl Aziz, Additional Advocate General Khyber Pakhtunkhwa for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
A contingent of Pakistan Customs, on a tip off, signaled a Lahore bound bus to halt at the check post within the precincts of Police Station Chamkani Peshawar; it was being escorted by the assailants riding on two vehicles; they ran over the contingent as a result whereof Mian Irfan Ullah, 27, sustained serious injuries, subsequently proved fatal. The assailants took to the heels, however, the petitioners were apprehended by a police party arrived at the scene pursuant to information; they have been denied bail, lastly by a learned Judge- in-Chamber of the Peshawar High Court Peshawar vide impugned order dated 13.12.2021, leave to appeal wherefrom is being prayed for on a variety of grounds.
2. Heard. Record perused.
3. We are not impressed by the argument that Irfan Ullah Constable was accidentally run over by the speeding vehicle as the Custom Authorities in anticipation to arrival of the said vehicle with smuggled contraband on board had set up a blockade, calculatedly breached by the petitioners by running over a State functionary, standing in the line of duty, a criminal transgression with consequences most serious. The smuggled items, taken into possession in the wake of gory incident, in retrospect, lends credible support to the prosecution case, set up in the crime report. Material collected by the prosecution constitute "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Prosecution, 1898 standing insurmountably in impediment to their release on bail, in the absence of any consideration calling for further probe. View concurrently taken by the Courts below being well within remit of law calls for no interference. Petition fails. Leave declined. MWA/N-4/SC Bail refused.