2020 PLP 715 (SCMR)
ASFAND YAR KHAN and another — Petitioners Versus The STATE and another — Respondents
| Citation | 2020 PLP 715 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial and Qazi Muhammad Amin Ahmed, JJ |
| Parties | ASFAND YAR KHAN and another — Petitioners 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 715 (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 715 (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 715 (SCMR) (ASFAND YAR KHAN and another — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Basharatullah Khan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners.
- Arshad Yousafzai, Advocate Supreme Court with Durran Shah, Inspector for the State.
Headnotes / Summary
(Against order dated 3.2.2020 passed by the Peshawar High Court, Peshawar in Crl. Misc. No. 3759-P of 2019)
S. 497(2)
Penal Code (XLV of 1860), S. 302(b)
Qatl-i-amd
Implication through supplementary statement
Petitioners were not named in the crime report as being alongside the five main accused who gunned down the deceased
All the witnesses were unanimous on the number of accused as five
Such omission by the witnesses in not naming the petitioners at the time of lodging the FIR by itself brought petitioners' case within the remit of S. 497(2), Cr.P.C.
Petitioners were granted bail. Arshad Yousafzai, Advocate Supreme Court with Durran Shah, Inspector for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Asfand Yar Khan and Salman Khan, real brothers inter se, seek admission to bail; they have been arrayed as accused through supplementary statement dated 4.9.2019, in a case of homicide, registered on 17.8.2019 at Police Station Paharipura Peshawar on the statement of Nadim Safdar, acclaimed witness of the incident; he had blamed Asad, Farhan, Imran, Amjad and Aamir as the culprits for committing murder of his sister Sumera Safdar and driver Inaam Lag, who drove the entourage to attend proceedings in a case of murderous assault in District Courts Peshawar. Motive for the crime is bad blood over property with a string of cases raging between the parties. Sumera Safdar's daughter through supplementary statement joined the petitioners with the co-accused, initially omitted by the complainant as well as the witnesses who claimed to have survived the assault.
2. Heard. Record perused.
3. Be that as it may, the petitioners were not named in the crime report as being alongside the accused who gunned down the deceased; all the witnesses are unanimous on the number of accused as five; the omission is intriguing and by itself brings petitioners' case within the remit of subsection (2) of section 497 of the Code of Criminal Procedure 1898. Criminal Petition is converted into appeal and same is allowed; the petitioners shall be released upon furnishing bonds in the sum of Rs.500,000/- with one surety each in the like to the satisfaction of the learned trial Court/Duty Judge. MWA/A-14/SC Bail granted.