2016 PLP 2089 (SCMR)
SAJID alias CHITTA — Petitioner Versus The STATE and others — Respondents
| Citation | 2016 PLP 2089 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa and Manzoor Ahmad Malik, JJ |
| Parties | SAJID alias CHITTA — 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 2016 PLP 2089 (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 2016 PLP 2089 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 2089 (SCMR) (SAJID alias CHITTA — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Tayyab Mehmood Jaffri, Advocate Supreme Court for Petitioner.
- Rana Liaquat Ali, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(Against the order dated 15.12.2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.13673-B of 2015)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302, 148 & 149
Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly
FIR had been lodged with a delay of ten days
Firearm injury attributed to the accused on the left calf of deceased was non-existent in the post-mortem examination report
Injured witness had made a statement before the Trial Court clearly maintaining that accused was not present at the spot and a similar affidavit had also been sworn by complainant maintaining that the accused was not present at the scene of the crime at the relevant time
Case against the accused called for further inquiry into his guilt within the purview of S. 497(2), Cr.P.C.
Bail was granted accordingly. Asjad Javed Ghural, Additional Prosecutor-General, Punjab and Asif, S.I. for the State. Rana Liaquat Ali, Advocate Supreme Court for the Complainant.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Through this petition Sajid alias Chitta petitioner has sought leave to appeal against the order dated 15.12.2015 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 13673-B of 2015 whereby post-arrest bail was refused to him in case FIR No. 520 registered at Police Station Saraye Mughal, District Kasur on 11.11.2013 in respect of offences under sections 302, 148 and 149, P.P.C.
2. After hearing the learned counsel for the parties and going through the record we have observed that the FIR in this case had been lodged with a delay of ten days and the firearm injury attributed to the petitioner on the left calf of Muhammad Shafi deceased was non-existent in the Post-mortem Examination Report pertaining to the deadbody of the deceased. It is not denied that the injured witness namely Rasheed alias Talli had made a statement before the learned Additional Session Judge, Pattoki on 05.09.2015 clearly maintaining that Sajid alias Chitta petitioner was not present at the spot and a similar affidavit had also been sworn by Muhammad Iqbal complainant maintaining that the petitioner was not present at the scene of the crime at the relevant time. For all these reasons 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, Sajid alias Chitta 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 one surety in the like amount to the satisfaction of the trial court. MWA/S-30/SC Bail granted.