2020 PLP 417 (SCMR)
ZULFIQAR — Petitioner Versus The STATE and another — Respondents
| Citation | 2020 PLP 417 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ |
| Parties | ZULFIQAR — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 417 (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 417 (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: 2020 PLP 417 (SCMR) (ZULFIQAR — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ramzan Chaudhary, Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioner.
- Sajjad Hussain, Advocate Supreme Court for Respondents.
Headnotes / Summary
(Against order dated 02.12.2019 passed by Lahore High Court, Lahore in Criminal Misc. No. 51181-B of 2019)
S. 497(2)
Penal Code (XLV of 1860), S. 302(b)
Qatl-i-amd
Accused and his co-accused persons were alleged to have made fire shots at the deceased
Accused was assigned effective role of firing qua the deceased in the crime report, however the investigating officer opined that the accused had merely abetted the crime without being present at the spot
Allegedly accused was accompanied by his two able bodied sons (co-accused), each of whom was lethally armed
Question was whether in such circumstance the accused had any occasion to be part of the occurrence was an issue to be best settled after recording of evidence
Three fire shots sustained by the deceased did not commensurate with the volley of fires collectively made by the assailants
Such circumstance additionally warranted further probe
Furthermore accused was in his late sixties, which was yet another factor in his favour
Culpability of accused certainly called for further probe, thus, a case for his release on bail stood made out
Accused was granted bail. Mirza Abid Majeed, Deputy Prosecutor-General Punjab with Abid, I.O. for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Behind bars since 14.06.2019, Zulfiqar, petitioner seeks admission to bail. It is alleged that on the fateful day, he along with his two sons accompanied by three unknown assailants, each armed with a .30 caliber pistol, confronted Muhammad Shakeel Jahangir, deceased in the backdrop of a motive relating to a dispute over property; he is attributed first shot to the deceased on his right shin followed by fire shots by the co-accused. Autopsy revealed three entry wounds. Effective role qua the deceased assigned in the crime report notwithstanding, the petitioner has been found by the Investigating Officer to have merely abetted the crime without being at the spot.
2. Heard. Record perused.
3. Accompanied by two able bodied sons, each lethally armed, whether the petitioner had any occasion to venture the occurrence is an issue to be best settled after recording of evidence. Number of fire shots sustained by the deceased is not commensurate with the volley of fires collectively made by the assailants including the unknown is a circumstance that additionally warrants further probe. Acceptance of plea raised by the petitioner, statedly in his late sixties, is yet another circumstance converging in his favour; his culpability certainly calls for further probe, thus, a case for his release on bail stands made out. The petitioner shall be released on his furnishing bonds in the sum of Rs.500,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court. The petition is converted into appeal and allowed. MWA/Z-2/SC Bail granted.