GUL MUHAMMAD vs State S — 2023 SCMR 857 SUPREME-COURT

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GUL MUHAMMAD VS State S. 497(2)--- Penal Code (XLV of 1860), Ss. 302, 324, 337-A(i), 337-F(i), 337-H(2), 504, 506, 114, 147, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Allegation against the accused was that he while armed with a pistol launched an attack on the complainant party and made straight fire from his pistol on the complainant which hit on his ear and shoulder---However, it was stance of the accused that infact the complainant party while armed with firearms came at his village, attacked him and caused injury on his left arm, due to which his left arm had been amputated---Medical evidence available on record prima facie supported the stance of the accused---Accused also got registered a counter FIR against the complainant party---Present crime report was lodged after an inordinate delay of two days for which not a single word had been put forward by the complainant---Delayed registration of FIR prima facie showed deliberations and consultation on the part of the complainant---Trial Court after recording of evidence would decide about the guilt or otherwise of the accused and as to whether section 324, P.P.C. was applicable or not---Accused was behind bars for the last more than five months and merely on the basis of bald allegations, the liberty of a person could not be curtailed---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---Petition for leave to appeal was converted into appeal and allowed, and accused was admitted to bail.

GUL MUHAMMAD vs State S — 2023 SCMR 857 SUPREME-COURT

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