JAMALUDDIN vs State Ss — 2023 SCMR 1243 SUPREME-COURT

Case information

Citation: 2023 SCMR 1243 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: JAMALUDDIN vs State Ss
Subject matter: Criminal
Provisions referred to: 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

JAMALUDDIN VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 324, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault with firearms--- Ad-interim pre-arrest bail, confirmation of---Bail, grant of---Further inquiry---First Information Report was lodged after an inordinate delay of about three days---Only explanation put forth by the complainant was that firstly they got the Police letter for treatment from Civil Hospital and after the treatment they lodged the FIR---However, this explanation did not seem to be impressive, especially when the Police was allegedly approached by the complainant on the very first day---Complainant and the injured prosecution witness received injuries on the non-vital parts of the body and the accused and co-accused did not repeat the fire despite having ample opportunity to do so---In this view of the matter, the question whether section 324, P.P.C. would be applicable in the case or not would be determined by the Trial Court after recording of evidence---Case of the accused and co-accused squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into their guilt---Petitions for leave to appeal were converted into appeals, and allowed, ad interim pre-arrest bail granted to the accused was confirmed, whereas the co-accused was admitted to post-arrest bail.

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