MUHAMMAD IMRAN vs State Ss — 2023 SCMR 1152 SUPREME-COURT

Case information

Citation: 2023 SCMR 1152 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD IMRAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 379---C; 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 IMRAN VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), S. 379---Constitution of Pakistan, Art. 185(3)---Theft of crop---Ad-interim pre-arrest bail, confirmation of---Further inquiry---As per the contents of the crime report, the allegation against the accused was that he cut the standing crop of wheat from the land of the complainant; took away the same with him and caused her a loss of Rs.50,000---However, it was the stance of the accused that the complainant was not in possession of the land in question and it was the paternal aunt of the accused, who was in possession of the land and they had the requisite title documents with them---Primary dispute between the parties was with regard to the ownership/possession of the land---In this view of the matter, the possibility of false implication just to pressurize the accused side to gain ulterior motives could not be ruled out---Crime report was lodged after a delay of 16 days for which the complainant did not utter a single word---In the crime report, only a general role had been ascribed to the accused and his three co-accused---Two co-accused had been declared innocent during investigation, and the third, who was ascribed a similar role as that of the accused, had been granted bail---Case of the accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed, and ad-interim bail granted to accused was confirmed.

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