2011 SCMR 1543 (PLP)
SUBEH SADIQ alias SAABO alias KALU — Petitioner Versus THE STATE and others — Respondents
| Citation | 2011 SCMR 1543 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mian Saqib Nisar and Asif Saeed Khan Khosa, JJ |
| Parties | SUBEH SADIQ alias SAABO alias KALU — 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 1543 (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 1543 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mian Saqib Nisar 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 1543 (PLP) (SUBEH SADIQ alias SAABO alias KALU — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aish Bahadur Rana, Advocate Supreme Court for Petitioner.
- Date of hearing: 7th June, 2011.
Headnotes / Summary
(On appeal from the order dated 26-4-2011 of the Lahore High Court, Lahore passed in Criminal Miscellaneous No. 2846-B of 2011).
S. 497(2)
Penal Code (XLV of 1860), Ss. 302/109/148/149
Qatl -e-amd, abetment and rioting armed with deadly weapons
Investigating Officer found that accused was merely present at the scene of crime at relevant time
Accused was neither armed on the occasion of murder nor he caused any injury to any person and there existed pitched enmity between parties based upon previous murder
Effect
Possibility could not safely be ruled out of consideration regarding spreading the net wide by complainant party so as to falsely entangle accused in the criminal case
Investigation of the case regarding accused had already been finalized and his physical custody was not required at such stage for the purposes of investigation
Case against accused was one 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 Subeh Sadiq alias Saabo alias Kalu petitioner has sought leave to appeal against the order dated 26-4-2011 passed by a learned Judge-in-Chamber of the Lahore High Court, Lahore in Criminal Miscellaneous No. 2846-B of 2011 whereby post-arrest bail was refused to the petitioner in case F.I.R. No.13 registered at Police Station Mustafa Abad, District Kasur on 7-1-2011 in respect of offences under sections 302/ 109/148/149, 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. According to the prosecution the petitioner had raised a lalkara and then, collectively with his co-accused, he had fired at the deceased. No specific fire or injury stands attributed to the petitioner in the F.I.R. and admittedly no weapon had been recovered from his custody during the investigation. The investigating officer had found that the petitioner was merely present at the scene of the crime at the relevant time and that he was neither armed on that occasion nor he had caused any injury to any person. There existed pitched enmity between the parties based upon a previous murder and, thus, a possibility could not safely be ruled out of consideration regarding spreading the net wide by the complainant party so as to falsely entangle the petitioner in the present criminal case. The investigation of this case qua the petitioner has already been finalized and, thus, his physical custody is not required at this stage for the purposes of investigation. In the circumstances of this case mentioned above we have found the case against the petitioner one 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.2,00,000 (Rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. M.H./S-34/SC Bail allowed.