FAZAL HADI vs YAQOOB ULLAH Ss — 2022 SCMR 1080 SUPREME-COURT

Case information

Citation: 2022 SCMR 1080 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: FAZAL HADI vs YAQOOB ULLAH Ss
Subject matter: Criminal
Provisions referred to: 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

FAZAL HADI VS YAQOOB ULLAH Ss. 497(2) & 497(5)---Penal Code (XLV of 1860), Ss. 302 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, common intention---Petition for cancellation of bail, dismissal of---Accused was alleged to have strangulated his wife to death---High Court granted post-arrest bail to the accused---Held, that nobody was nominated in the FIR and subsequently complainant made statement under S. 161, Cr.P.C. in which he charged the accused but it was observed by the High Court that in the said statement no source and no material was disclosed by the complainant through which he came to know regarding involvement of the accused in this case---Regarding contention of complainant that there was a ligature mark around the neck of the deceased which negated claim of accused that his wife died after falling in the bathroom, the postmortem report indicated that the ligature mark was only on the front side of the neck and it was mentioned by the lady witnesses, who reached after the occurrence at the spot that they saw the deceased in a naked condition lying in the washroom near a bucket---Trial Court, after recording the statement of the doctor, would determine as to whether the ligature mark was the result of the fall on the said bucket or due to some pressure of a rope around her neck---Presently, due to the said reasons, the case of the accused called for further inquiry---Petition for cancellation of bail was dismissed. Head NotesCase Description

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