2020 PLP 452 (SCMR)
ZAKA ULLAH — Petitioner Versus The STATE and another — Respondents
| Citation | 2020 PLP 452 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ |
| Parties | ZAKA ULLAH — 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 452 (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 452 (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 452 (SCMR) (ZAKA ULLAH — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Babar Awan, Senior Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.
- Shahid Azeem, Advocate Supreme Court for Respondent.
Headnotes / Summary
(Against order dated 22.10.2019 passed by Lahore High Court in Criminal P. No. 54210-B of 2019)
S. 497(2)
Penal Code (XLV of 1860), S. 302(b)
Qatl-i-amd
According to the First Information Report (FIR) deceased was repeatedly shot by the co-accused, where after the accused took hold of the weapon and fired the final shot
Such alleged last shot fired by the accused was not mentioned in the (dying) declaration of the deceased
Such dichotomy would be settled after recording of evidence
Investigation suggested that accused was present at the spot, but without any role assigned to him
Such circumstance called for further probe in the alleged culpability of the accused
Accused was granted bail accordingly. Abid Majeed Mirza, Deputy Prosecutor-General Punjab with Pervez, I.O. for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Behind bars since 17.5.2019, Zaka Ullah, petitioner seeks admission to bail in a case of homicide; on the fateful day, he allegedly drove and whisked away co-accused Usman Ashraf on a motorbike after the deceased, on a motorbike as well, was dealt with multiple fire shots, including one by him. Motive for the crime is a runaway marriage. The deceased succumbed to the injuries after a brief struggle at the hospital; before the Medical Officer, amongst others, he accused Farooq and Waqas for having mounted the assault, however, First Information Report recorded on the statement of Ikram Aslam specifically named the petitioner with a role, nonetheless, belied by the Investigating Officer.
2. Heard. Record perused.
3. According to the crime report, the deceased was repeatedly shot initially by Muhammad Ashraf co-accused by a .30 caliber pistol, subsequently taken over by the petitioner to conclude the occurrence with the last shot, a role conspicuously omitted alongside the name in the last declaration, an apparent dichotomy to be best settled after recording of evidence. Investigating suggests petitioner's presence at the spot, albeit with no role, a circumstance additionally calling for further probe in the alleged culpability; a case for release on bail stands made out. The petitioner shall be released upon 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-3/SC Bail granted.