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SHER AFZAL vs State S — 2022 SCMR 186 SUPREME-COURT

Case information

Citation
2022 SCMR 186 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
SHER AFZAL vs State S
Subject matter
Criminal
Provisions referred to
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

SHER AFZAL VS State S. 497(2)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---In the crime report two of the co-accused persons were alleged to have resorted to indiscriminate firing during the occurrence causing death of two persons, whereas accused was nominated with the allegation of raising "lalkara" and kicking the dead bodies after the occurrence---Close scrutiny of the accusation levelled by the prosecution revealed that no overt-act was ascribed to the accused except the proverbial lalkara---Question which required determination was whether the "lalkara" raised by the accused was commanding in nature or was it a mere a proverbial "lalkara" --- Furthermore the accused was aged about 65 years and he was also suffering from ailment---One of the co-accused with similar allegations as the accused was extended pre-arrest bail, hence accused was entitled for the same---Case of accused was one of further inquiry entitling him for concession of bail---Petition for leave to appeal was converted into appeal and allowed and accused was released on bail.

Other judgments reported in 2022 SCMR

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