NOOR KAMAL vs State Ss — 2023 SCMR 999 SUPREME-COURT

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NOOR KAMAL VS State Ss. 497(1), third proviso & 497(2)---Penal Code (XLV of 1860), Ss. 324 & 34---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-i-amd, common intention---Bail, grant of---Delay in conclusion of trial---Further inquiry---Cross-version FIRs---As per the contents of the crime report, the allegation against the accused persons was that they while armed with firearms launched a murderous assault on the complainant party and made fire shots, which hit the complainant and the witness Mashal Khan on left rib and left knee respectively---However, it was stance of the accused persons that in-fact the complainant party was aggressor and committed murder of two persons from accused's side---One of the accused had also got registered an FIR under sections 302, 324 & 34, P.P.C. against the complainant party---In the present case only a general role had been ascribed to the accused persons and no details had been given as to which accused fired at which injured---Admittedly, the accused persons did not repeat the fire, which prima facie showed that they had no intention to kill the victims---Accused persons were behind the bars and despite lapse of more than 22 months, the conclusion of trial was not insight in near future---Such delay was not attributable to the accused persons, as admitted by the prosecution---Co-accused, who was ascribed a role similar to that of accused persons, had been granted post-arrest bail by the Supreme Court, therefore, the accused persons were entitled for the concession of post-arrest bail on such score alone---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 accused persons were admitted to bail.

NOOR KAMAL vs State Ss — 2023 SCMR 999 SUPREME-COURT

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