DILDAR AHMAD vs State Ss — 2022 SCMR 264 SUPREME-COURT

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DILDAR AHMAD VS State Ss. 498 & 497(2)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 34 & 337-F(v)---Common intention, ghayr-jaifah-hashimah---Ad interim pre-arrest bail, confirmation of---Further inquiry---Possibility of fabrication of injury---Injuries sustained by accused suppressed---As per the contents of the crime report, the allegation levelled against the accused was that he caused `kassi' blow on the right arm of the complainant due to which it got fractured/ broken---Complainant was firstly medically examined by a Medical Officer of Rural Health Clinic and then was reÂexamined by the District Standing Medical Board, which clearly opined that considering the nature and locale of injury, the possibility of fabrication could not be ruled out---Although, the case of the complainant was re-examined by the Provincial Standing Medical Board for the third time but the complainant had not appeared before it for his examination for the third time---Furthermore the accused claimed that in-fact the complainant party was the aggressor and during the occurrence, the accused had also received as many as five injuries on different parts of his body, which were detailed in the medico legal report available on the paper book---Prima facie the injuries sustained by the accused were suppressed--In these circumstances, a prima facie doubt had arisen qua the authenticity of the prosecution's case---Case of the accused squarely fell within the purview of S. 497(2), Cr.P.C. entitling him for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and ad interim pre-arrest bail granted to accused was confirmed.

DILDAR AHMAD vs State Ss — 2022 SCMR 264 SUPREME-COURT

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