SAAD ZIA vs State Ss — 2023 SCMR 1898 SUPREME-COURT

Case information

Citation: 2023 SCMR 1898 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: SAAD ZIA 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

SAAD ZIA VS State Ss. 497(2) & 498---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Generalized allegation of causing indiscriminate firing has been alleged against the petitioner (accused), however, during the course of investigation, it transpired that the petitioner was empty handed at the time of occurrence and he has not been ascribed any overt act---Such opinion of the police has not been challenged, rather the petitioner was placed in column No. 2 of the report furnished under section 173, Cr.P.C.---Stance of the petitioner was that in-fact complainant party was the aggressor and two persons from the petitioner's side also sustained injuries during the occurrence, which were suppressed by the complainant side---Admittedly the petitioner himself surrendered before the law and joined investigation---In these circumstances, it is the Trial Court, who after recording of evidence would decide about the guilt or otherwise of the petitioner and till then the petitioner cannot be put behind bars for an indefinite period---Petitioner is a student having no criminal history and keeping him behind bars with hardened criminals would not be in the interest of justice---Case of the petitioner squarely falls 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 pre-arrest bail granted to the petitioner was confirmed.

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