AMIR FARAZ vs State S — 2023 SCMR 308 SUPREME-COURT

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AMIR FARAZ VS State S. 497(5)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)--- Qatl-i-amd--- Bail, cancellation of---Complainant lodged the report within one hour and twenty minutes of the occurrence, when the Police Station was at a distance of 2½ kilometers and while lodging the FIR, he categorically attributed fatal injury to the accused---Accused was the only one alleged to have caused solitary fatal firearm injury with a pistol to the deceased, whereas the co-accused fired upon another deceased---Fatal injury attributed to accused got full support from the medical evidence and it was sufficient to cause death of the deceased---Witnesses mentioned in the FIR, got their statements recorded on the same day under section 161, Cr.P.C. and supported the version put forward by the complainant in the FIR---In the earlier investigation the accused was found guilty, but subsequently a second investigation was conducted wherein statements of three witnesses were recorded after more than four months and they stated that they saw both the parties quarreling---On basis of said statement the Investigating Officer opined that although accused was present at the scene but was empty handed---No independent statement of the said three witnesses under section 161, Cr.P.C. was recorded, and they were not mentioned in the report under section 173, Cr.P.C.---Although the second Investigating Officer opined that complainant party was aggressor but surprisingly, nobody from the accused side received even a single scratch---Accused side did not make any effort to lodge any report regarding the aggression of the complainant side and even no private complaint was ever filed against the complainant party---Bail was being mis-used by the accused by hampering the trial as on numerous dates of hearing the prosecution witnesses appeared before the Court but their statements were not recorded on the request of defence counsel---Petition for leave to appeal was converted into appeal and allowed, and bail granted to accused was cancelled/recalled.

AMIR FARAZ vs State S — 2023 SCMR 308 SUPREME-COURT

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