Chaudhry NADEEM SULTAN vs State S — 2022 SCMR 663 SUPREME-COURT

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Chaudhry NADEEM SULTAN VS State S. 497(2)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302, 324, 34, 449 & 109---Murderous assault---Bail, grant of---Further inquiry---Admittedly there was delay of more than 5 hours in lodging of the FIR for which no explanation had been rendered by the prosecution---Whereas the inter-se distance between the place of occurrence and the police station was 06 kilometers---Accused was ascribed direct role of causing fire-arm injury to the deceased, however, he pleaded plea of alibi and during the course of investigation the same was found to be correct and as such the name of the accused was placed in column No.2 of the report submitted under S. 173, Cr.P.C. as no recovery had been effected from him during the course of investigation---Opinion given by the Investigating Officer was based upon the Call Details Record (CDR) of the cell phone of the accused which showed his presence away from the place of occurrence---Senior police official, who was summoned by the Court, appeared and stated that about 100 persons appeared before the Investigating Officer and amongst those 18 persons furnished their duly verified affidavits, that at the time of occurrence the accused was present in chehlum of a co-villager and even the son of deceased had furnished affidavit in such regard wherein he specifically stated that at the time of occurrence accused was present at the chehlum---Case of accused squarely fell within the ambit of S. 497(2), Cr.P.C. calling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal, and allowed and accused was granted bail.

Chaudhry NADEEM SULTAN vs State S — 2022 SCMR 663 SUPREME-COURT

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