2011 SCMR 1686 (PLP)
SAEED AHMAD — Petitioner Versus THE STATE and others — Respondents
| Citation | 2011 SCMR 1686 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ |
| Parties | SAEED AHMAD — 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 2011 SCMR 1686 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 SCMR 1686 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 SCMR 1686 (PLP) (SAEED AHMAD — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Ehtisham Qadir Shah, Advocate Supreme Court with Mehmood-ul-Islam, Advocate-on-Record for Petitioner.
- Date of hearing: 9th June, 2011.
Headnotes / Summary
(On appeal from the order dated 28-4-2011 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No. 2233-B of 2011).
S. 497(2)
Penal Code (XLV of 1860)
Ss. 302/324/34/109
Qanun-e-Shahadat (10 of 1984), Art. 39
Qatl-e-amd, attempt to commit Qatl-e-amd, common intention and abetment
At the time of murder, accused was abroad and only evidence against the accused was his confession before police during custody--Validity
Confession made by accused person before police in its custody was inadmissible in evidence
Nothing was available on record to connect recovered cash with alleged offences
Investigation had already been finalized and challan was submitted in Court, thus physical custody of accused was not required for the purposes of investigation
Case against accused was of further inquiry into his guilt within the purview of S. 497(2) Cr.P.C.
Bail was allowed. Mazhar Sher Awan, Additional Prosecutor-General, Punjab for the State.
Judgment & Decree
ASIF SAEED KHAN KHOSA, J.--Through this petition Saeed Ahmad petitioner has sought leave to appeal against the order dated 28-4-2011 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 2233-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No.1347 registered at Police Station City A-Division, Sheikhupura on 14-12-2010 in respect of offences under sections 302/324/34/109, P.P.C.
2. We have heard the learned counsel for the petitioner and the learned Additional Prosecutor-General, Punjab appearing for the State and have gone through the record of this case with their assistance.
3. The petitioner happens to be the husband of Mst. Shahida Saeed deceased and it is admitted at all hands that at the time of the deceased's murder the petitioner was physically present in Canada. According to the prosecution the petitioner had hatched a conspiracy and had provided abetment to his co-accused for the murder of his wife and upon our repeated queries the learned Additional Prosecutor-General, Punjab appearing for the State has divulged that the only pieces of evidence so far available against the petitioner are in the shape of a confession allegedly made by him before the police during his custody and recovery of some money from his possession. It is settled law that a confession made by an accused person before the police in its custody is inadmissible in evidence. There is nothing available on the record to connect the recovered cash with the alleged offences The investigation of this case has already been finalized and a Challan has been submitted before the learned trial Court and, thus, physical custody of the petitioner is not required at this stage for the purposes of investigation. In these circumstances the case against the petitioner has been found by us to be a case of further inquiry into his guilt within the purview of subsection (2) of section 497, Cr.P.C.
4. For what has been discussed above this petition is converted into an appeal and. the same is allowed and, resultantly, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs,1,00,000 (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. M.H./S-35/SC Bail allowed.