MUHAMMAD ZAHID AMJAD vs State Ss — 2022 YLR 958 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 958 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ZAHID AMJAD vs State Ss
Subject matter: Criminal
Provisions referred to: S. 173; S. 161; 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

MUHAMMAD ZAHID AMJAD VS State Ss. 498 & 161---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, armed with deadly weapon, common object---Pre-arrest bail, grant of---Delay in recording supplementary statement---Effect---Accused sought pre-arrest bail in FIR registered under Ss. 302, 148 & 149, P.P.C.---Report under S. 173, Cr.P.C., as untraceable case was prepared by the police---No one was nominated in the FIR, however, according to the story of the FIR as well as statements of prosecution witnesses recorded under S. 161, Cr.P.C., the complainant and eye-witnesses had claimed that they could identify the accused persons if they come before them but as per document available on record the complainant previously knew the accused---After the murder of complainant, accused was involved in the case on a written application of the widow of deceased after lapse of two years and three months of the occurrence---Similarly, in support of that application one eye-witness had also got recorded his supplementary statement with delay 3 years---Prosecution lacked sufficient incriminating material to connect the accused with the commission of alleged offence and chances of his false implication with deliberation after consultation could not be ruled out---Pre-arrest bail was allowed, in circumstances.

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