SAEED ULLAH vs State S — 2023 SCMR 1397 SUPREME-COURT

Case information

Citation: 2023 SCMR 1397 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SAEED ULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

SAEED ULLAH VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324 & 34---Constitution of Pakistan, Art. 185(3)---Murderous assault with firearms---Bail, grant of---Further inquiry---Only a general role had been ascribed to the accused persons and no details had been given as to which of the accused fired at which part of the body of the complainant---Complainant received injuries on the non-vital parts of the body---Bare perusal of the medico legal report revealed that at the one hand the medical officer declared the injuries as "simple" and on the other hand he held the same to be "grievous"---Law Officer admitted that none of the injuries exposed the bone---Complainant sustained injuries on non-vital parts of the body whereas more than 37 empties had been recovered from the place of occurrence, which prima facie showed that the accused had no intention to kill the complainant 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 persons squarely fell within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into their guilt---Petition for leave to appeal was converted into appeal and allowed, and accused persons were admitted to bail.

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