2017 PLP 61 (SCMR)
FAIZ JALANI alias IMRAN MAMA — Petitioner Versus The STATE and others — Respondents
| Citation | 2017 PLP 61 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ |
| Parties | FAIZ JALANI alias IMRAN MAMA — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 61 (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 2017 PLP 61 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 61 (SCMR) (FAIZ JALANI alias IMRAN MAMA — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Anwar Khan, Advocate-on-Record for Petitioner.
- Ch. Din Muhammad, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(Against the order dated 7-12-2015 passed by the Lahore High Court Lahore in Criminal Miscellaneous No. 14747-B of 2015)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302 & 34
Qatl-i-amd, common intention-Bail, grant of
Murder in issue had remained unwitnessed and although the name of accused had figured in the FIR yet his name had been mentioned therein not as a culprit but as a friend of the deceased
Only pieces of evidence being relied upon by the prosecution against the accused were the recovery of some mobile telephone sets and a handcart and last-seen evidence
Memorandum of identification of the mobile telephone sets available on record did not disclose any mark of identification of the recovered mobiles so as to connect the same with the deceased
No evidence was available on the record to establish any connection of the recovered handcart with the murder in question or with the alleged removal of the (lead body by using the said handcart
Last-seen evidence and the question of proximity vis-a-vis the said piece of evidence was to be attended to by the Trial Court on the basis of the evidence to be produced before it
Case against the accused called for further inquiry into his guilt within the purview of S. 497(2), Cr.P.C.
Accused was granted bail accordingly. Ch. Din Muhammad, Advocate Supreme Court for the Complainant. Mazhar Sher Awan, Additional Prosecutor-General, Punjab and M. Shahbaz, S.I. for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Through this petition Faiz Jalani alias Imran Mama petitioner has sought leave to appeal against the order dated 07.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 14747-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 17 registered at Police Station Shera Kot, District Lahore on 13.01.2015 in respect of an offence under section 302, P.P.C. read with section 34, P.P.C.
2. After hearing the learned counsel for the parties and going through the record we have observed that admittedly the murder in issue had remained unwitnessed and although the petitioner's name had figured in the FIR yet his name had been mentioned therein not as a culprit but as a friend of Haji Imdad Hussain deceased. The only pieces of evidence being relied upon by the prosecution against the petitioner are the last-seen evidence, recovery of some mobile telephone sets and recovery of a handcart. Upon our query the learned Additional Prosecutor-General, Punjab appearing for the State has gone through the record of investigation and has informed that there is a Memorandum of Identification of the mobile telephone sets available on the record but the said memorandum does not disclose any mark of identification of the recovered mobile telephone sets so as to connect the same with the deceased. There is no evidence available on the record to establish any connection of the recovered handcart with the murder in question or with the alleged removal of the deadbody by using the said handcart. The only remaining piece of evidence is in the shape of last- seen evidence and the question of proximity vis-a-vis the said piece of evidence shall be attended to by the trial court on the basis of the evidence to be produced before it. In view of the factors noted above and the questions about evidentiary worth of the pieces of evidence available with the prosecution we have found the case against the petitioner to be a case calling for further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C. This petition is, therefore, converted into an appeal and the same is allowed and consequently Faiz Jalani alias Imran Mama petitioner is admitted to bail in the above mentioned criminal case subject to furnishing bail bond in the sum of Rs. 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the trial court. MWA/F-9/SC Bail granted.