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ZAFAR IQBAL, MAZHAR HUSSAIN AND MUHAMMAD SALEH vs State S — 2021 SCMR 1909 SUPREME-COURT

Case information

Citation
2021 SCMR 1909 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ZAFAR IQBAL, MAZHAR HUSSAIN AND MUHAMMAD SALEH vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 497--C

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

ZAFAR IQBAL, MAZHAR HUSSAIN AND MUHAMMAD SALEH VS State S. 497(5)---Constitution of Pakistan, Art. 185(3)---Cancellation/ recalling of bail---Grounds for cancelling/recalling bail enunciated by the Supreme Court stated. Citation Name: 2021 SCMR 1909 SUPREME-COURTBookmark this Case ZAFAR IQBAL, MAZHAR HUSSAIN AND MUHAMMAD SALEH VS State Ss. 337-F(i), 337-F(v), 337-a(i), 147 & 149---Constitution of Pakistan, art. 185(3)---Pre-arrest bail, grant of---Trespassing and causing injuries to inmates of a house---Belatedly recorded cross-version FIR---accused persons had been nominated in a cross-version FIR---Trial Court while granting bail to the accused persons mainly took note of the facts that the cross-version was recorded after a delay of about 8 days after the occurrence, without any satisfactorily explanation; that in the first medical examination of the injured, no bone fracture was observed but in the second report it came on record, which called for further probe into the guilt of the accused persons, and that during the investigation the narration of the injuries by the complainant was found to be false---High Court while recalling bail granted to accused persons did not discuss such aspects of the matter at all, and hence fell into error---Petition for leave to appeal was converted into appeal and allowed, impugned order of High Court was set aside, and accused persons were admitted to pre-arrest bail. Citation Name: 2021 SCMR 1909 SUPREME-COURTBookmark this Case ZAFAR IQBAL, MAZHAR HUSSAIN AND MUHAMMAD SALEH VS State S. 497--Constitution of Pakistan, Art. 185(3)---Bail---"Benefit of reasonable doubt"---Scope---For the sake of safe administration of criminal justice concept of "benefit of reasonable doubt" could be extended even at bail stage.

Other judgments reported in 2021 SCMR

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