MUHAMMAD UMAR WAQAS BARKAT ALI vs State Ss — 2023 SCMR 330 SUPREME-COURT

Case information

Citation: 2023 SCMR 330 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD UMAR WAQAS BARKAT ALI 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

MUHAMMAD UMAR WAQAS BARKAT ALI VS State Ss. 498 & 497(2)--- Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(ii), 337-F(v), 354, 148 & 149--- Constitution of Pakistan, Art. 185(3)--- Murderous assault---Ad interim pre-arrest bail, confirmation of---Case of cross-versions---Further inquiry---Admittedly father of the present accused had firstly lodged an FIR against the complainant of the present case with the allegation that the complainant and his co-accused severely beat two of his sons and caused them several injuries---Medico legal certificates available on record prima facie support the accusation of father of accused---After six days of the incident complainant lodged the present cross-version FIR, wherein he nominated the present accused---Stance of the accused was that infact the complainant party was the aggressor and they had just exercised their right of self-defence---Opinion of the Investigating Officer regarding the overt act of the accused had to be evaluated after recording of evidence as an abundant caution---Possibility of false implication of accused just to pressurize the accused side to gain ulterior motives could not be ruled out ---Trial Court after recording of evidence would decide about the guilt or otherwise of the accused and until then he could not be put behind the bars for an indefinite period---Present case was of two versions narrated before the Court, thus, it squarely fell within the ambit of (further inquiry) section 497(2), Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and ad-interim pre-arrest bail granted to the accused was confirmed.

Other judgments reported in 2023 SCMR

2023 SCMR 102 SUPREME-COURTMalik TARIQ MAHMOOD VS PROVINCE OF PUNJAB S. 23(1)---Land acquisition---Matters to be considered by Court in determining compensation stated…
2023 SCMR 1928 SUPREME-COURTNOOR DIN (DECEASED) VS PERVAIZ AKHTAR S. 42---Mutation entries---Scope---Mutation entry confers no right in property as revenue record is ma…
2023 SCMR 1919 SUPREME-COURTJAMEEL QADIR VS GOVERNMENT OF BALOCHISTAN, LOCAL GOVERNMENT, RURAL DEVELOPMENT AND AGROVILLES DEPARTMENT, QUETTA Principles relating to juri…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 960 SUPREME-COURTZAKIR MEHMOOD VS SECRETARY, MINISTRY OF DEFENCE (D.P), PAKISTAN SECRETARIAT, RAWALPINDI S. 5(2)---appeals filed before the Service Tribunal-…
2023 SCMR 1113 SUPREME-COURTSARDAR MUHAMMAD (DECEASED) VS TAJ MUHAMMAD (DECEASED) S. 13(3)---Suit for possession through pre-emption---Pre-requisite---Notice of 'Talb-i…

Back to the case-law library · Search Pakistani case law in Urdu or English