2022 PLP 1066 (SCMR)
DILAWAR ALI — Petitioner Versus The STATE and others — Respondents
| Citation | 2022 PLP 1066 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | DILAWAR ALI — Petitioner Versus The STATE and others — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 1066 (SCMR)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2022 PLP 1066 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Syed Mansoor Ali Shah 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 1066 (SCMR) (DILAWAR ALI — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Javed Imran Ranjha, Advocate Supreme Court (via video link Lahore) for Petitioner.
Headnotes / Summary
(Against the order dated 17.08.2021 passed by the Lahore High Court Lahore in Crl. Misc. No. 23255-B of 2021)
S. 497
Penal Code (XLV of 1860), S. 302(b)
Constitution of Pakistan, Art. 185(3)
Husband accused of strangling his wife to death inside their matrimonial house
Medical evidence ruling out suicide
Contention of accused-husband that his wife committed suicide
With an infant baby girl of 9 months, it was rather hard to entertain hypothesis of suicide by a feeding mother
Medical Officer noted a ligature mark around the neck seemingly a complete scar, between both ears; it was thick and hard with parchment, without there being any obliquity, that inevitably occurred in a case of voluntary suicide on account of sudden fall through gravitational pull
External as well as internal petechial hemorrhage unmistakably suggested application of manual compression, a sign diametrically inconsistent with the plea of suicide, further confirmed by an intact hyoid bone
Petition for leave to appeal was dismissed, leave was refused and accused was refused bail.
S. 497
Penal Code (XLV of 1860), S. 302(b)
Constitution of Pakistan, Art. 185(3)
Qanun-e-Shahadat (10 of 1984), Art. 122
Husband accused of strangling his wife to death inside their matrimonial house
Instead of taking the police on board, accused preferred to avail remedy of ad interim pre-arrest bail, a protection hardly available to him under the law, and finally when the same was recalled, it was thereafter that he came up with the plea of suicide, a circumstance nugatory in itself
Joint abode of the spouses was a common ground and, thus, a statutory burden within the contemplation of Article 122 of the Qanun-e-Shahadat, 1984 was cast upon the accused to explain as to what befell upon his wife who spent the preceding night with him under the same roof; his failure to vindicate his position was further aggravated by the statements of witnesses, suggesting an ongoing acrimony between the spouses and, thus, constituted "reasonable grounds" within the contemplation of section 497 of the Cr.P.C.
Petition for leave to appeal was dismissed, leave was refused and accused was refused bail. Ch. Muhammad Sarwar Sidhu, Additional P.G. Punjab along with Shirjeel Awan, SI and M. Usman, SI for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Declined downstairs throughout, lastly by a learned Judge-in-Chamber of the Lahore High Court Lahore, vide impugned order dated 18.07.2021, Dilawar Ali, petitioner herein, blamed to have strangulated his better half Muqaddas Bibi, survived by an infant daughter of 9 month, to death, seeks leave to appeal therefrom for admission to post arrest bail. The deceased, often complained maltreatment and shared agony with her parents, however, she was advised to exercise restraint to save the bond, a hope that withered away on the fateful day. Petitioner attempted to hush up the death as suicidal, an hypothesis seemingly contradicted by the autopsy report.
2. Heard. Record perused.
3. With an infant baby girl of 9 months, it is rather hard to entertain hypothesis of suicide by a feeding mother. Medical Office noted a ligature mark around the neck seemingly a complete scar, circumference the neck between both ears; it is thick and hard with parchment, without there being any obliquity, that inevitably occurs in a case of voluntary suicide on account of sudden fall through gravitational pull. External as well as internal petechial hemorrhage unmistakably suggest application of manual compression, a sign diametrically inconsistent with the plea of suicide, further confirmed by an intact hyoid bone. Instead of taking the police on board, petitioner preferred to avail remedy of ad interim pre-arrest bail, a protection hardly available to him under the law, however, finally recalled on 29.10.2020 and it is thereafter that he came up with the plea of suicide, a circumstance nugatory in itself. Joint abode of the spouses is a common ground and, thus, a statutory burden within the contemplation of Article 122 of the Qanun-e-Shahadat Order, 1984 is cast upon the petitioner to explain as to what befell upon his wife who spent the preceding night with him under the same roof; his failure to vindicate his position is further aggravated by the statements of witnesses, suggesting an ongoing acrimony between the spouses and, thus, constitutes "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Procedure, 1898. View concurrently taken on the basis of aforementioned material, being within the remit of law, is not open to any legitimate exception. Petition fails. Leave declined. MWA/D-5/SC Bail refused.