2023 PLP 1514 (SCMR)
JUNAID ALI — Petitioner Versus The STATE through Advocate-General, Khyber Pakhtunkhwa and another — Respondents
| Citation | 2023 PLP 1514 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ |
| Parties | JUNAID ALI — Petitioner Versus The STATE through Advocate-General, Khyber Pakhtunkhwa and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2023 PLP 1514 (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 2023 PLP 1514 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 1514 (SCMR) (JUNAID ALI — Petitioner Versus The STATE through Advocate-General, Khyber Pakhtunkhwa and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.
- Muhammad Akram Gondal, Advocate Supreme Court and Muhammad Sharif Janjua, Advocate-on-Record for Respondent No. 2.
- The STATE through Advocate-General, Khyber Pakhtunkhwa and another---Respondents
- Zahid Yousaf Qureshi, Additional Advocate General, Khyber Pakhtunkhwa for the State.
- 3. We observe that there is no direct evidence against the petitioner and even we inquired from the learned counsel for the complainant and the learned Additional Advocate General, KP as to what material is available against the petitioner, they could not point out any material, connecting the petitioner with the crime, At this stage, except the statement of the complainant under section 164, Cr.P.C., in which although he has pointed out his accusing finger towards the petitioner but the said pointation is without any source or material. Due to said reasons the case of the petitioner calls for further enquiry falling under subsection (2) of section 497, Cr.P.C. Consequently, this petition is converted into an appeal and is allowed. The petitioner is released on bail subject to his furnishing bail bond in the sum of Rs. 100,000/- with one surety to the satisfaction of the trial Court.
Headnotes / Summary
(Against the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar in Criminal Miscellaneous Bail Application No. 2330-P of 2022)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302, 324 & 34
Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15
Constitution of Pakistan, Art. 185(3)
Qatl-i-amd, attempt to commit qatl-i-amd, common intention, unlicensed possession of arms
No direct evidence available against the accused
Counsel for complainant and law officer could not point out any material connecting the accused with the crime
At present stage, except the statement of the complainant under section 164, Cr.P.C., in which although he had pointed out his accusing finger towards the accused, but the said pointation was without any source or material
Due to such reasons the case of the accused called for further enquiry falling under subsection (2) of section 497, Cr.P.C.
Petition for leave to appeal was converted into an appeal and allowed, and the accused was released on bail. Zahid Yousaf Qureshi, Additional Advocate General, Khyber Pakhtunkhwa for the State.
Judgment & Decree
SARDAR TARIQ MASOOD, J.
This petition is barred by 30 days. Application for condonation of delay (Criminal M.A. No.2163 of 2022) has been filed. For the reasons mentioned in the application, the same is allowed and the delay in filing of the petition is condoned.
2. Through this petition the petitioner impugns the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar (the High Court) in Criminal Miscellaneous Bail Application No.2330-P of 2022, through which the post arrest bail was decline) to the petitioner in case FIR No.276 dated 11.06.2022, registered under sections 302, 324, 34, P.P.C. and 15 of the Arms Act, 2013 at Police Station Sardheri, District Charsadda.
3. We observe that there is no direct evidence against the petitioner and even we inquired from the learned counsel for the complainant and the learned Additional Advocate General, KP as to what material is available against the petitioner, they could not point out any material, connecting the petitioner with the crime, At this stage, except the statement of the complainant under section 164, Cr.P.C., in which although he has pointed out his accusing finger towards the petitioner but the said pointation is without any source or material. Due to said reasons the case of the petitioner calls for further enquiry falling under subsection (2) of section 497, Cr.P.C. Consequently, this petition is converted into an appeal and is allowed. The petitioner is released on bail subject to his furnishing bail bond in the sum of Rs. 100,000/- with one surety to the satisfaction of the trial Court. MWA/J-5/SC Bail granted.