2021 PLP 301 (SCMR)
LAL MARJAN and another — Petitioners Versus ISLAM GUL and others — Respondents
| Citation | 2021 PLP 301 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ |
| Parties | LAL MARJAN and another — Petitioners Versus ISLAM GUL and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 301 (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 2021 PLP 301 (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 301 (SCMR) (LAL MARJAN and another — Petitioners Versus ISLAM GUL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Asad Ullah Khan Chamkani, Advocate Supreme Court for Petitioners.
- Zahid Yousaf Qureshi, Additional Advocate General, Khyber Pakhtunkhwa with M. Aslam, SI for Respondents.
- 3. Be that as it may, it is prosecution's own case that the assailants who emerged at the spot all of a sudden had concealed their faces with masks; 19 casings of 7.66 caliber secured from the spot suggest use of an automatic weapon, indicating suddenness of the episode in retrospect. Investigating Officer's failure to recover the weapon or the motorbike used during the occurrence brings fate of prosecution case to be essentially decided on the basis of supplementary statement, evidentiary value whereof, is to be best assessed after recording of evidence. A case for petitioners' release on bail is made out within the contemplation of subsection (2) of section 497 of the Code of Criminal Procedure 1898; they shall be released upon furnishing bonds in the sum of Rs.500,000/- with one surety each in the like amount to the satisfaction of the learned trial Court. Petition is converted into appeal and allowed.
Headnotes / Summary
(Against the order dated 25.09.2020 passed by the Peshawar High Court in Cr. Misc. (B.A.) No.2881-P of 2020)
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Two masked pillion riders surprised the complainant and the witnesses with sudden indiscriminate firing at 5:45 p.m. on 28.7.2020 within the remits of Police Station Barra District Khyber; from amongst the injured, Safeer subsequently succumbed to the injuries. As the investigation progressed, the complainant came up with a supplementary statement purportedly recorded on 6.8.2020 wherein the petitioners were arrayed as the culprits against the backdrop of deceased's runaway marriage with a lady related with them, way back in the year 2012.
2. Heard. Record perused.
3. Be that as it may, it is prosecution's own case that the assailants who emerged at the spot all of a sudden had concealed their faces with masks; 19 casings of 7.66 caliber secured from the spot suggest use of an automatic weapon, indicating suddenness of the episode in retrospect. Investigating Officer's failure to recover the weapon or the motorbike used during the occurrence brings fate of prosecution case to be essentially decided on the basis of supplementary statement, evidentiary value whereof, is to be best assessed after recording of evidence. A case for petitioners' release on bail is made out within the contemplation of subsection (2) of section 497 of the Code of Criminal Procedure 1898; they shall be released upon furnishing bonds in the sum of Rs.500,000/- with one surety each in the like amount to the satisfaction of the learned trial Court. Petition is converted into appeal and allowed. MWA/L-4/SC Bail granted.