MUHAMMAD AMJAD SHAHZAD vs MUHAMMAD AKHTAR SHAHZAD S — 2022 SCMR 1299 SUPREME-COURT

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MUHAMMAD AMJAD SHAHZAD VS MUHAMMAD AKHTAR SHAHZAD S. 497(5)---Penal Code (XLV of 1860), Ss. 302 & 109---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, abetment---Bail, cancellation of---Accused was nominated in the crime report with specific accusation of causing firearm injuries on the person of his real father and brother, resulting into their deaths---Matter was reported to the police with a delay of 9 hours but such delay had been caused due to transportation of one of the victims from one hospital to another---Injuries ascribed to the accused were fully supported by medical evidence---Accused after commission of offence absconded himself---Main ground on which the High Court granted post-arrest bail to the accused was that one of the sisters of the accused, who was also a prosecution witness, took a somersault contrary to the earlier statement she had made under section 161, Cr.P.C. and filed a private complaint wherein she has advanced a story altogether different to the story advanced by the prosecution---Such solitary ground, if taken in favour of the accused, would open new avenues, contrary to the safe administration of criminal justice whereby at any stage if one of the witnesses made a divergent statement to the earlier one bringing the case within the ambit of section 497(2), Cr.P.C. then it would transform into mockery in the eyes of law---Such customary practice of a (prosecution) witness coming forward to file a complaint contrary to the prosecution case with an intent just to frustrate the case of the prosecution could not be ordained in any manner---As the accused was involved in a number of cases of similar nature and had a clandestine background, the possibility of fear and undue pressure faced by his sister/witness could not be ruled out---Pistol recovered from the accused was sent to the office of the Forensic Science Agency and all the empties recovered from the place of occurrence were found to be fired from the same---Petition for leave to appeal was converted into appeal and allowed, and the post-arrest bail granted to the accused by the High Court was cancelled. Head NotesCase Description

MUHAMMAD AMJAD SHAHZAD vs MUHAMMAD AKHTAR SHAHZAD S — 2022 SCMR 1299 SUPREME-COURT

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