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ALI RAZA vs State S — 2022 SCMR 1245 SUPREME-COURT

Case information

Citation
2022 SCMR 1245 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ALI RAZA vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; S. 497; 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

ALI RAZA VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Doubt in the veracity of the prosecution version---Benefit of such doubt can be resolved in favour of the accused even at bail stage. Head NotesCase Description Citation Name: 2022 SCMR 1245 SUPREME-COURTBookmark this Case ALI RAZA VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 148, 149, 109 & 440---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Admittedly the FIR was registered with an inordinate delay of nine hours for which no plausible explanation had been given---Dimension of the injury sustained by the victim clearly suggested that the allegation levelled against the accused was not fully borne out qua the kind of weapon because the doctor had given the dimension of the injury as 0.5 cm x 0.5 cm, which clearly showed that the injury was caused by a pellet ejected from gunshot and not from the weapon which was alleged against the accused---Admittedly the accused fired only single shot at the non-vital part i.e. wrist of the victim and had not repeated the same despite having ample opportunity to do so, which showed that perhaps the accused had no intention to kill the victim---During the course of proceedings, it transpired that no weapon of offence had been recovered from the accused by the Investigating Officer---Accused was behind bars for more than ten months and there was no likelihood of commencement of his trial in near future---Accused had made out a case for bail as his case squarely fell within the purview of section 497(2) Cr.P.C. calling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail. Head NotesCase Description

Other judgments reported in 2022 SCMR

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