JUNAID ALI vs State S — 2023 SCMR 1514 SUPREME-COURT

Case information

Citation: 2023 SCMR 1514 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: JUNAID ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 15---C; Penal Code (XLV of 1860); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

JUNAID ALI VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, unlicensed possession of arms---Bail, grant of---Further inquiry---No direct evidence available against the accused---Counsel for complainant and law officer could not point out any material connecting the accused with the crime---At present stage, except the statement of the complainant under section 164, Cr.P.C., in which although he had pointed out his accusing finger towards the accused, but the said pointation was without any source or material---Due to such reasons the case of the accused called for further enquiry falling under subsection (2) of section 497, Cr.P.C.---Petition for leave to appeal was converted into an appeal and allowed, and the accused was released on bail.

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