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KHAIR MUHAMMAD vs State S — 2021 SCMR 130 SUPREME-COURT

Case information

Citation
2021 SCMR 130 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
KHAIR MUHAMMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 498---; 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

KHAIR MUHAMMAD VS State S. 498---Pre-arrest bail---Purpose and scope---Concept of pre-arrest bail was exceptional, it had to be exercised sparingly---Purpose behind pre-arrest bail was to save innocent persons from false allegations, trumped up charges and malicious prosecution at the hands of the complainant party. Citation Name: 2021 SCMR 130 SUPREME-COURTBookmark this Case KHAIR MUHAMMAD VS State S. 498--- Pre-arrest bail--- Merits of the case---While granting pre-arrest bail even the merits of the case could be touched upon. Citation Name: 2021 SCMR 130 SUPREME-COURTBookmark this Case KHAIR MUHAMMAD VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Ad-interim pre-arrest bail, confirmation of---Further inquiry---According to the contents of the crime report, occurrence took place in (early) morning whereas the matter was reported to police at 10:50 a.m.---Admittedly, the inter-se distance between the place of occurrence and police station was 08-kms---Inordinate delay qua time of occurrence and registration clearly revealed that possibility of deliberation and consultation could not be ruled out---Injury ascribed to one of the injured persons was contradicted by medical evidence---Investigating officer opined that co-accused was not present at the spot at the time of occurrence---Such opinion was shared by senior police officers who also investigated the case---No recovery of any incriminating material was to be effected from the accused and co-accused---Both of them were of advance age, feeble and found not connected with the crime as alleged---Case of the accused and co-accused squarely fell within the ambit of S. 497(2), Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and ad-interim bail already granted to the accused and co-accused was confirmed.

Other judgments reported in 2021 SCMR

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