2020 PLP 974 (SCMR)
SHABRAN KHAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2020 PLP 974 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial and Qazi Muhammad Amin Ahmed, JJ |
| Parties | SHABRAN KHAN — 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 974 (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 974 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial 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 974 (SCMR) (SHABRAN KHAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Alam Yasir, Advocate Supreme Court for Petitioner.
- Anis M. Shahzad, Advocate Supreme Court along with M. Asghar, I.O. for the State.
Headnotes / Summary
(Against judgment dated 6.4.2020 passed by the Peshawar High Court Bannu Bench, Bannu in B.A. No.138-B/2020)
S. 497(2)
Penal Code (XLV of 1860), S. 302(b)
Constitution of Pakistan, Art. 185(3)
Qatl-i-amd
Complainant restructured his case by making a statement and replacing the initial three suspects with two co-accused persons
Accused was introduced as the architect behind the murder on whose instructions the co-accused committed the crime
To substantiate the allegation against the accused, investigating officer produced three witnesses before the Magistrate
Licensed weapon in the name of one of the co-accused was part of prosecution inventories, in such circumstances fate of the prosecution case was to be essentially settled by the Trial Court after recording of evidence
Culpability of accused as the person behind the scenes certainly warranted further probe and as such his case squarely fell within the remit of S. 497(2), Cr.P.C.
Petition for leave to appeal was converted into an appeal and allowed and accused was granted bail. Anis M. Shahzad, Advocate Supreme Court along with M. Asghar, I.O. for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Behind Bars since 30.12.2019, Shabran Khan, petitioner, seeks admission to bail; he is blamed to have conspired murder of Muhammad Iqbal, 48/49, on 27.10.2019 within the remit of Police Station University, Dera Ismail Khan. Deceased's nephew attended the casualty in the hospital and conveyed information to his uncle Malik Muhammad Ismail who lodged formal First Information Report wherein Latifullah son of Allah Wasaya along with Saif-ur-Rehman Inspector and his brother Asghar were arrayed as suspects in the backdrop of a motive that related to attempts to take forcible possession of immovable property, a move fiercely resisted by the deceased. Abdul Latif and Asghar were arrested, however, subsequently released on bail as they were substituted by Dil Jan accused who allegedly admitted to have committed the murder along with one Inayat Ullah on petitioner's direction with a .30 caliber pistol provided by him for the purpose.
2. Heard. Record perused.
3. Complainant restructured his case through statement dated 17.12.2019; Latifullah, Saif-ur-Rehman and Asghar, initial suspects, stood replaced with Inayatullah and Dil Jan being the alleged assassins. Aman Ullah is inducted as a facilitator on behalf of the petitioner, introduced as architect behind the crime with a motive. To frame the de novo set up, the Investigating Officer produced three witnesses before a Magistrate who recorded their statements pointed upon the accused. A .30 caliber pistol, licensed to Dil Jan accused, is part of prosecution inventories. It would be less than expedient to comment upon the merits of the prosecution case as its fate is to be essentially settled by the trial Court after recording of evidence, nonetheless, in the given backdrop, petitioner's culpability as the man behind the scene certainly warrants further probe and as such his case squarely falls within the remit of subsection (2) of section 497 of the Code of Criminal Procedure 1898. Criminal Petition is converted into appeal and allowed. Petitioner is admitted to bail and shall be released upon furnishing bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the learned trial Court/Duty Judge. MWA/S-15/SC Bail granted.