2012 PLP 387 (SCMR)
MUHAMMAD WASEEM — Petitioner Versus THE STATE and others — Respondents
| Citation | 2012 PLP 387 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Asif Saeed Khan Khosa and Gulzar Ahmed, JJ |
| Parties | MUHAMMAD WASEEM — 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 2012 PLP 387 (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 2012 PLP 387 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa and Gulzar Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 387 (SCMR) (MUHAMMAD WASEEM — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Misbah-ul-Hassan, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record for Petitioner
- Date of hearing: 19th December, 2011.
Headnotes / Summary
(Against the order dated 19-8-2011 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 8657-B of 2011).
S. 497(2)
Penal Code (XLV of 1860), S.302
Joint extra judicial confession
Contention of accused was that the only evidence against him was of joint extra judicial confession and evidence of witnesses of Wajtakkar
Extra judicial confession allegedly made by accused and his co-accused prima facie had trappings of a joint confession which was inadmissible in evidence
Witnesses of Wajtakkar evidence had come forward to implicate accused with noticeable delay
Investigation had already been finalized and challan was submitted, thus physical custody of accused was not required for the purposes of investigation
Bail was allowed. Mazhar Sher Awan, Additional Prosecutor-General, Punjab along with Zafar Khan, S.-I., Police Station Saddar Pasrur, Sialkot for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.
Admittedly Muhammad Waseem petitioner had not been nominated in the F.I.R. and also that no test identification parade has been held in this case so as to positively incriminate the petitioner. There is nothing available on the record to connect the recovered pistol and cash with the pistol allegedly used in the incident in issue and the cash allegedly stolen therein. The extra-judicial confession allegedly made by the petitioner and his co-accused prima facie has the trappings of a joint confession which is inadmissible in evidence. The witnesses of Wajtakkar evidence had come forward to implicate the petitioner with a noticeable delay. The investigation of this case has already been finalized and a Challan has been submitted and, thus, physical custody of the petitioner is not required at this juncture for the purposes of investigation. For all these reasons this petition is converted into an appeal and the same is allowed and, consequently, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. M.H./M-2/SC Bail allowed.