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HUSSAIN AHMED vs State S — 2021 SCMR 1263 SUPREME-COURT

Case information

Citation
2021 SCMR 1263 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
HUSSAIN AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 497; Penal Code (XLV of 1860)

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

HUSSAIN AHMED VS State S. 497(2) --- Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of----Further inquiry---Manipulation/ tampering of police diaries---Rule of consistency---No specific role had been ascribed to the accused in the FIR and the allegation levelled against him was of general nature---Role of fire shot was attributed to the accused subsequently during the investigation---Co-accused had been granted bail by the Trial Court on the ground that there was no mention of eye-witnesses in the FIR and there was conflict between the role assigned to him in the FIR and the statements made by the eye-witnesses---Law Officer admitted that the (case) record was tampered with during the investigation---In such circumstances, when the High Court had (also) admitted about the tampering of the record, then following the rule of consistency the accused was also entitled for the same relief as the co-accused---Furthermore, neither any empty was taken into possession from the place of occurrence nor the weapon of offence had been recovered from the accused---Accused had made out a case squarely falling within the ambit of further inquiry as envisaged under S. 497(2), Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail.

Other judgments reported in 2021 SCMR

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