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SAJID HUSSAIN alias JOJI vs State Ss — 2021 PLD 898 SUPREME-COURT

Case information

Citation
2021 PLD 898 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
PLD
Parties
SAJID HUSSAIN alias JOJI vs State Ss
Subject matter
Criminal
Provisions referred to
S. 161; S. 498---C; S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAJID HUSSAIN alias JOJI VS State Ss. 497, 498 & 161---Constitution of Pakistan, Art. 185(3)---Bail---Belated recording of statement of prosecution witness under S. 161, Cr.P.C.---Value---Any such statement lost its sanctity. Citation Name: 2021 PLD 898 SUPREME-COURTBookmark this Case SAJID HUSSAIN alias JOJI VS State S. 498---Constitution of Pakistan, Art. 185(3)---Pre-arrest bail---Merits of the case---While granting extraordinary relief of pre-arrest bail, merits of the case could be touched upon. Citation Name: 2021 PLD 898 SUPREME-COURTBookmark this Case SAJID HUSSAIN alias JOJI VS State Criminal law---Law was not static in any manner rather it had to grow while passing through the process of evolution which was an essential ingredient of safe administration of criminal justice. Citation Name: 2021 PLD 898 SUPREME-COURTBookmark this Case SAJID HUSSAIN alias JOJI VS State S. 302(b)---Constitution of Pakistan, Art. 185(3)---Ad-interim pre-arrest bail, confirmation of---Belatedly recorded statement of witness basis of arraying accused in the case---Initially accused was cited as a prosecution witness while lodging the crime report with the role of facilitating the evacuation of the deceased to the hospital by calling the police and the rescue service---Admittedly the prosecution kept silent for almost one year where after a witness (sister of the deceased) was introduced by the prosecution who made a statement under S.161, Cr.P.C. claiming herself to be an eye-witness of the occurrence and levelled the allegation against the accused of causing two successive fire shots on the person of the deceased---Statement of said witness was supplemented by statement of another eye-witness recorded with an inordinate delay of 1 year and 4 months---Investigating Officer failed to substantiate any incriminating material qua the role of the accused except the bald statements made by two prosecution witnesses at a belated stage---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre-arrest bail granted to accused was confirmed.

Other judgments reported in 2021 PLD

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