MUHAMMAD ARSHAD vs State S — 2022 SCMR 1555 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD ARSHAD VS State S. 302(b)---Criminal Procedure Code (V of 1898), S. 426---Qatl-i-amd---Suspension of sentence and release on bail---Benefit of doubt---High Court while suspending the sentence inflicted upon the accused by the Trial Court mainly observed that according to the crime report, the accused along with two co-accused while each armed with .30 bore pistol had made three separate fire shots upon the person of the deceased, which landed on his belly but the assertion of the prosecution witnesses was contradicted by the doctor, according to whom, the deceased sustained only one injury on his belly---During course of trial both the prosecution witnesses had improved their earlier stance and stated that it was only the accused whose fire landed on the belly of the deceased---Possibility could not be ruled out that the prosecution witnesses deviated on the advice of their counsel or otherwise, therefore, the same could not be made basis to keep a person behind bars for an indefinite period especially when the Investigating Officer had candidly stated that the empties recovered from the place of occurrence had not been fired by the pistol allegedly recovered at the instance of the accused---Previous enmity also existed between the parties as earlier the deceased was involved by the accused in a case of attempted murder---High Court while suspending the sentence had taken care of justiciable facts and circumstances and no exception could be taken contrary to what had been observed by the High Court in the impugned order---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description Citation Name: 2022 SCMR 1555 SUPREME-COURTBookmark this Case MUHAMMAD ARSHAD VS State Ss. 426 & 497---Bail---Suspension of sentence---Benefit of doubt---Benefit of doubt can be extended to accused even at preliminary stage i.e. bail and suspension of sentence. Head NotesCase Description

MUHAMMAD ARSHAD vs State S — 2022 SCMR 1555 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2022 SCMR