JAHANZEB vs State S — 2021 SCMR 63 SUPREME-COURT

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JAHANZEB VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of---Further inquiry---Allegation against the accused persons was that they resorted to indiscriminate firing, however, the deceased sustained only a single shot whereas none of the prosecution witnesses sustained even a scratch---Prosecution did not claim that witnesses escaped from the firing of the accused persons due to some hurdle or safety measure---Occurrence had taken place in open and if there would have been any intent on the part of the accused persons, there was nothing which could restrain them from committing the occurrence on a broader spectrum---During the course of investigation recovery of four empties was made from the spot but as no weapon was recovered from the accused persons during the course of investigation, mere recovery of empties would be a question best resolved by the Trial Court after recording of prosecution evidence---No overt act was ascribed to the accused persons except the allegation of ineffective firing, which too was not supported by recovery of any weapon---Case of the accused persons was one of further inquiry falling within the ambit of S. 497(2), Cr.P.C. entitling them for the concession of bail---Petition for leave to appeal was converted into appeal and allowed and accused persons were granted bail. Citation Name: 2021 SCMR 63 SUPREME-COURTBookmark this Case JAHANZEB VS State S. 497(2)---Bail---Term 'further inquiry' as provided in S. 497(2), Cr.P.C.---Scope---Intent of the legislature in S. 497(2), Cr.P.C. disclosing pre-condition to establish "guilt" against whom accusation was levelled had to be established on the basis of reasonable grounds, however, if there existed any possibility to have a second view of the material available on the record then the accused was entitled for the relief of bail in the spirit of S. 497(2), Cr.P.C.

JAHANZEB vs State S — 2021 SCMR 63 SUPREME-COURT

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