ABDUL REHMAN alias MUHAMMAD ZEESHAN vs State Ss — 2023 SCMR 884 SUPREME-COURT

Case information

Citation: 2023 SCMR 884 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ABDUL REHMAN alias MUHAMMAD ZEESHAN 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

ABDUL REHMAN alias MUHAMMAD ZEESHAN VS State Ss. 497(2) & 498--- Penal Code (XLV of 1860), Ss. 337-A(ii), 337-L(2), 147 & 149---Constitution of Pakistan, Art. 185(3)---Assault with a knife (churri)---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Crime report was lodged after an inordinate delay of five days for which not even 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---Co-accused persons, who were specifically named in the crime report, had already been granted pre-arrest bail---Possibility could not be ruled out that the accused had been involved in the case by throwing a wider net by the complainant especially when it was the case of the accused that the FIR was registered against a person named "Z" but the name of the accused had subsequently been added portraying his alias as "Z"---Accused was a young man having no criminal history and keeping him behind the bars with hardened criminals would not be in the interest of justice---Case of the accused squarely fell within the ambit 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 ad-interim bail granted to accused was confirmed.

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