MUHAMMAD TANVEER vs State Ss — 2023 SCMR 581 SUPREME-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

MUHAMMAD TANVEER VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), S. 440---Constitution of Pakistan, Art. 185(3)---Trespassing onto a field and destroying a standing crop---Ad interim pre-arrest bail, confirmation of---Pending civil litigation between the parties---Possibility of false implication---Allegation against the accused persons was that they plowed and destroyed a standing crop from the land of the complainant and caused him a loss of Rs.125,000---However, it was the stance of the accused persons that they were the owners of the land in question where the occurrence took place; that they were in possession of requisite title documents and in-fact the complainant party was the aggressor---Admittedly a civil suit for declaration qua the land in question was still pending adjudication before the court of competent jurisdiction, which was filed about one year earlier to lodging of the present FIR---In view of such matter, the possibility of false implication just to pressurize the accused persons to gain ulterior motives could not be ruled out---Trial Court after recording of evidence would decide about the guilt of the accused persons and as to whether section 440, P.P.C. was applicable or not---Even otherwise, all the six accused persons had been ascribed the role of jointly causing a loss of Rs.125,000/- to the complainant---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 ad-interim pre-arrest bail granted to the accused persons was confirmed.

MUHAMMAD TANVEER vs State Ss — 2023 SCMR 581 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2023 SCMR