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SALMAN KHAN vs State S — 2022 SCMR 515 SUPREME-COURT

Case information

Citation
2022 SCMR 515 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
SALMAN KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 322; S. 319; S. 302; 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

SALMAN KHAN VS State S. 497(1)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 319, 322, 324 & 34---Qatl-bis-sabab, qatl-i-khata---Bail, grant of---Four members of the law enforcement agency, including the accused, allegedly signaled the car of the complainant to stop but he continued to drive on, whereupon the accused fired at the car, which ended up in causing injuries to the complainant and death of his cousin, who was also seated in the car---Accused and other members of the law enforcement agency were on their routine duty of maintaining law and order in the city, at the time of incident---Nothing was available on record to show that there was a background of any enmity between the parties, or the incident was the result of some provocation, or the accused fired at the car that had tainted glasses, with the intention to cause death of the complainant and his cousin---From the contents of the crime report, it appeared that an offence of qatl-bis-sabab punishable under S. 322, P.P.C. was made out other than qatl-i-khata punishable under S. 319, P.P.C.---However, qatl-i-amd under S. 302 did not appear to be made out in the present facts and circumstances of the case---Section 322, P.P.C. fell outside the prohibitory clause of S. 497(1), Cr.P.C. while S. 319, P.P.C. was bailable---Detention of the accused pending trial could only be justified if the case fell within the scope of any of the exceptions stated in the cases of Tariq Bashir v. State PLD 1995 SC 34, Muhammad Tanveer v. State PLD 2017 SC 733 and Zafar Iqbal v. Muhammad Anwar 2009 SCMR 1488---However, nothing was available on record that may attract any of the said exceptions and justify denial of post arrest bail to the accused---Petition for leave to appeal was converted into appeal and allowed, and the accused was admitted to bail.

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