Mian SHAHZAD IQBAL vs State S — 2022 MLD 993 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 993 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: Mian SHAHZAD IQBAL vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 161; 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

Mian SHAHZAD IQBAL VS State S.498---Penal Code (XLV of 1860), Ss. 302, 324, 447, 452, 511, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, criminal trespass, house-trespass after preparation for hurt, assault or wrongful restraint, attempting to commit offence, abetment, rioting, armed with deadly weapon---Pre-arrest bail, grant of---Scope---Prosecution case was that the accused persons along with 8/10 unknown persons, while armed with lethal weapons, formed an unlawful assembly and in furtherance of their common intention, launched murderous assault upon the complainant party as a result of which several of them got injured and one of them succumbed to the injuries at the spot---Two of the accused persons/petitioners were not named in the crime report, who were implicated in the case on the third day of occurrence---Statements of prosecution witnesses recorded under S. 161, Cr.P.C., depicted that they had identified the accused persons and four others at the spot on the very day of occurrence---Mode and manner qua implication of the accused persons prima facie showed that the witnesses were managed and maneuvered subsequently, in order to falsely implicate the accused persons---Accused persons had already joined investigation wherein no incriminating material could be recovered from them---Insistence of the investigating agency upon arrest of the accused persons appeared to be unnecessary and, thus, smacking of bad faith---Accused persons were admitted to pre-arrest bail, in circumstances.

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