2021 PLP 1225 (SCMR)
NOOR ASLAM — Petitioner Versus The STATE through P.G. and another — Respondents
| Citation | 2021 PLP 1225 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ |
| Parties | NOOR ASLAM — Petitioner Versus The STATE through P.G. and another — 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 2021 PLP 1225 (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 2021 PLP 1225 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Maqbool Baqar 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: 2021 PLP 1225 (SCMR) (NOOR ASLAM — Petitioner Versus The STATE through P.G. and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Waheed Anjum, Advocate Supreme Court and Mehmood Ahmed Sheikh, Advocate-on-Record for Petitioner.
Headnotes / Summary
(Against the judgment dated 16.04.2021 passed by the Peshawar High Court Bannu Bench in B.C.A. No.8-b of 2021)
S. 497
Penal Code (XLV of 1860), S. 324
Attempt to commit qatl-i-amd
Complainant's miraculous survival despite massive damage to his epigastrium region, confirmed by medical examination shortly after the assault, prima facie, attracted the mischief envisaged by S. 324 of the Pakistan Penal Code, 1860 and, thus, constituted "reasonable grounds" within the contemplation of S. 497 of the Code of Criminal Procedure, 1898, standing in impediment to release of an offender in the absence of any consideration calling for further probe
Trial Court also ran into error by conveniently describing disappearance of accused from law as inconsequential
Said error was rightly rectified by the High Court by recalling bail granted to accused
Petition for leave to appeal was dismissed and accused was refused bail.
S. 497(5)
Scope
Grant of bail was a discretionary relief, however, exercise of discretion must be structured on sound judicial considerations, objectively deducible from the record of the case, particularly in cases punishable with imprisonment of ten years or above, thus, grant of bail in disregard thereof by itself constituted a strong ground, justifiably calling for interference. Mian Shafaqat Jan, Additional A.G. Khyber Pakhtunkhwa for the Respondents.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
The petitioner, accused in a case of murderous assault, was granted bail by a learned Additional Sessions Judge at Lakki Marwat vide order dated 29.1.2021; the concession was recalled by a learned Judge-in-Chamber of Peshawar High Court at Bannu Bench vide impugned order dated 16.04.2021, leave to appeal wherefrom is being prayed for, primarily on the ground that in the absence of strong reasons there was no occasion for the High Court to interfere with exercise of discretion to disturb an order, interlocutory in nature, particularly when the concession was not alleged to have been abused. According to the prosecution, on the eventful day i.e. 3.9.2019, the petitioner targeted Wali Ullah PW with his Kalashnikov in consequence whereof the latter sustained two bullet wounds on right epigastrium and left hand; a stray bullet hit a nearby transformer as well, in the backdrop of a dispute raging between the injured and the assailant; medico legal examination of even date, under a police docket, confirmed receipt of two entry wounds with a corresponding exit. After the incident, the petitioner stayed away from law for a considerable span of time.
2. Heard.
3. Argument that exceptionally strong grounds to justify cancellation of bail were not available with the High Court do not hold water in the peculiar facts and circumstances of the present case; complainant's miraculous survival despite massive damage to the epigastrium region, confirmed by medical examination shortly after the assault, prima facie, attracted the mischief envisaged by section 324 of the Pakistan Penal Code, 1860 and, thus, constituted "reasonable grounds" within the contemplation of section of 497 of the Code of Criminal Procedure, 1898, standing in impediment to release of an offender in the absence of any consideration calling for further probe. The learned Additional Sessions Judge also ran into error by conveniently describing petitioner's disappearance from law as inconsequential, errors that have rightly been rectified by the learned Judge-in-Chamber. No doubt, grant of bail is a discretionary relief, however, exercise of discretion must be structured on sound judicial considerations, objectively deducible from the record of the case, particularly in cases punishable with imprisonment of ten years or above and, thus, grant of bail in disregard thereof by itself constitute a strong ground, justifiably calling for interference. Impugned order being within the remit of law calls for no interference. Petition fails. Leave declined. MWA/N-3/SC Petition dismissed.