MUHAMMAD NAWAZ alias KARO vs State S — 2023 SCMR 734 SUPREME-COURT

Case information

Citation: 2023 SCMR 734 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: MUHAMMAD NAWAZ alias KARO vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; 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 NAWAZ alias KARO VS State S. 497---Penal Code (XLV of 1860), Ss. 395, 342 & 506---Constitution of Pakistan, Art. 185(3)---Dacoity, wrongful confinement, criminal intimidation---Bail, grant of---Further inquiry---Crime report was lodged after a lapse of nine months and sixteen days---Only explanation given by the complainant for such delay was that he was himself trying to find the robbed property, and when he got to know that it was the accused who had allegedly robbed his car, he approached him to return his property and on his refusal he lodged the crime report---Such explanation could not be accepted---Case record was silent as to on which date, the complainant got the information and when did he approach the accused---Nothing was on record to indicate as to why the accused kept mum for such a long period of time and did not even bother to inform the Police---No recovery had been affected from the accused despite of the fact that he remained with the police on physical remand for a considerable period of time---Accused was behind the bars for the last more than five months---Accused had made out a case for bail as his case squarely fell within the purview of section 497(2), Cr.P.C. entitling for further inquiry into his guilt, which even otherwise did not fall within the prohibitory clause of section 497, Cr.P.C---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

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