2022 PLP 828 (SCMR)
KASHIF alias WAJID alias WAJU — Petitioner Versus The STATE and another — Respondents
| Citation | 2022 PLP 828 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ |
| Parties | KASHIF alias WAJID alias WAJU — 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 2022 PLP 828 (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 2022 PLP 828 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial, Syed Mansoor Ali Shah 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: 2022 PLP 828 (SCMR) (KASHIF alias WAJID alias WAJU — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aurangzeb Maral, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against the order dated 14.10.2021 passed by the Lahore High Court Lahore in Criminal Misc. No. 51549-B of 2021)
S. 497(2)
Penal Code (XLV of 1860), S. 302(b)
Constitution of Pakistan, Art. 185(3)
Murderous assault
Prosecution case initially set up in the crime report by the deceased's nephew, was diametrically different from the version advanced by the deceased's daughter through her supplementary statement
Plea of deceased's daughter that she being a Pardanashin lady stayed away from the investigative process as well as evidentiary value of her supplementary statement to implicate the accused were issues that squarely brought accused's case within the purview of subsection (2) of section 497, Cr.P.C, and, thus, would best be settled after recording of evidence during the trial
Furthermore it would be unconscionable to keep the accused in custody, particularly when it was not serving any useful purpose, relative to the investigation
Petition for leave to appeal was converted into appeal and allowed; and the accused was released on bail. Ch. Muhammad Sarwar Sidhu, Additional P.G. Punjab along with Ghulam Muhammad, DSP, M. Irfan, SI and Nadeem, SHO for the State. Complainant in person.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Mohsin Ali Shah and Aftab son of Ghulam Rasool were surprised by two unknown assassins at their Dera, 8:00 p.m. on 31.8.2015, located within the precincts of Police Station Ferozwala District Gujranwala; incident was reported by Ghazanfar Ali Gillani, a nephew of Mohsin Ali Shah who gave assailants' description, without citing motive for the crime. Mohsin Ali Shah deceased was survived by his daughters; of them, Sidra Batool came forward to record a supplementary statement on 7.12.2015 wherein she nominated the petitioner and Muhammad Farooq as suspects for the crime; she claimed to have herself witnessed the occurrence. Alleging complainant's collaboration with Iqbal Butter co-accused, since acquitted, who according to her, had engaged the accused, hired assassins, to murder the deceased in the backdrop of election rivalry. Pursuant to supplementary statement dated 7.12.2015, the police proceeded to arrest the petitioner and effected some recoveries on his disclosure; it also arrayed Iqbal Butter as architect behind the crime, however, it is admitted at the bar that he has been acquitted from the charge. Blamed as hired assassins, albeit with no past reflecting upon their alleged status, statedly employed with afore-named Iqbal Butter as his security guards, the Investigating Officer recovered their uniforms in a bid to connect them with the crime.
2. Heard. Record perused.
3. Prosecution case initially set up in the crime report by Ghazanfar Ali Gillani, no other than deceased's nephew, is diametrically different from the version advanced by Sidra Batool PW, a real daughter undoubtedly most devastated by the occurrence, nonetheless, her plea that she being a Parda Nashin lady unsuspectingly stayed away from the investigative process as well as evidentiary value of her supplementary statement to take the petitioner on board in wake thereof are the issues that squarely bring petitioner's case, for the present, within the purview of subsection (2) of section 497 of the Code of Criminal Procedure, 1898 and, thus, would be best settled after recording of evidence during the trial, already in progress, in view whereof, it would be unconscionable to keep the petitioner in custody, particularly when it is not serving any useful purpose, relative to investigation. Petition is converted into appeal and allowed; the appellant/petitioner shall be released on bail upon furnishing of a bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the trial Court. MWA/K-5/SC Bail granted.