MUHAMMAD RAFIQUE vs State Ss — 2022 PLD 694 SUPREME-COURT

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MUHAMMAD RAFIQUE VS State Ss. 497(5) & 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 337-F(v), 337-F(i), 337-A(i), 337-A(ii), 341, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, cancellation of---Cross-version prima facie not true---Cross-version pleaded in the present case by the accused and his co-accused was prima facie found not to be true on the basis of the tentative assessment of the material available on record---Cross-version of accused party that the complainant party had abducted the accused was not supported by any cogent material available on record of the case---Accused and his co-accused had gone over to the place of the complainant party and the occurrence had admittedly taken place there---Further, the version of the complainant party was supported by the statements of the injured witnesses and other witnesses recorded under Section 161, Cr.P.C. as well as by the medical evidence and recoveries of the alleged weapons of offence---Tentative assessment of the said and other material available on record of the case prima facie showed that it was the accused party that were the aggressor---Version of the complainant party thus prima facie appeared to be true---Fire shot that proved fatal for the deceased was attributed to the accused and the incriminating material available on record of the case provided reasonable grounds for believing that accused had committed the offence of Qatl-i-amd punishable under section 302, P.P.C., which fell within the prohibitory clause of Section 497(1), and there were no sufficient grounds for further inquiry into his guilt as envisaged by Section 497(2), Cr.P.C.---High Court had erred in law while placing reliance upon the cross-version of the accused party for holding the case against accused to be one of further inquiry, without referring to any material available on record of the case supporting it---Petition for leave to appeal was converted into appeal and allowed, and bail granted to accused by the High Court was cancelled.

MUHAMMAD RAFIQUE vs State Ss — 2022 PLD 694 SUPREME-COURT

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