ZUBAIR ANWAR vs State S — 2022 PCrLJ 170 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 170 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: ZUBAIR ANWAR vs State S
Subject matter: Criminal
Provisions referred to: S. 498---; 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

ZUBAIR ANWAR VS State S. 498--- Penal Code (XLV of 1860), Ss. 302, 324, 147, 149 & 337-L(2)---Murderous assault---Ad interim pre-arrest bail, confirmation of---No specific injury attributed---Probability of false implication---First Information Report (FIR) was lodged with the delay of almost 3 days and no explanation for such inordinate delay had been brought on record---Narration of FIR and evidentiary material collected by the police and presented before High Court showed no specific injury was attributed to the accused rather collective role had been assigned to him---Question as to whether the accused participated in the occurrence in the manner as mentioned in the crime report as well as culpability of the accused were issues, which could best be settled after recording of evidence---Prima facie, the prosecution lacked sufficient incriminating material to connect the accused with the commission of alleged offence and chances of his false implication with deliberation after consultation could not be ruled out---Moreover accused had joined investigation and no useful purpose would be served by sending the accused behind bars---Ad-interim pre-arrest bail granted to accused was confirmed in circumstances.

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