Umer Farooq vs State S — 2024 MLD 1452 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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Umer Farooq VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 397 & 34---Qatl-i-amd, robbery or dacoity with attempt to cause death or grievous hurt, common intention---Bail, grant of---Further inquiry---Accused-Petitioner was charged for committing murder of the brother of complainant by firing during a robbery---Petitioner was not nominated in the FIR---Although the petitioner was implicated in the instant case on the basis of statement of eye-witness recorded by the police on 30.08.2020 with the delay of five days yet the said witness in his said statement only raised suspicion against the petitioner by contending that from the features and physical appearance, the unknown culprit with muffled face was looking like a neighbor---Admittedly the occurrence took place at night time and the unknown culprit had muffled his face, therefore, he was not identified at the spot---Prima facie, from the statement of eye-witness, serious question of identification of the petitioner was involved in the case---Perusal of record further revealed that except the deposition of said witness, no other incriminating evidence was available on record connecting the petitioner with the commission of instant occurrence---Veracity and admissibility of such evidence qua the involvement of the petitioner would be adjudged by the Trial Court after recording the prosecution's evidence---Although, during investigation, pistol was allegedly recovered from the possession of the petitioner and report of Forensic Science Laboratory was positive, however, said report revealed that empties as well as pistol recovered from the possession of the petitioner were simultaneously received in the said office on 13.01.2021, therefore, positive report of Forensic Science Laboratory was inconsequential---Case of the petitioner came within the ambit of further inquiry, in circumstances---Petitioner was behind the bars since his arrest and was no more required by the police for the purpose of further investigation---No useful purpose would be served by keeping the petitioner in jail for an indefinite period---Petition was accepted and petitioner was admitted to post arrest bail, in circumstances.

Umer Farooq vs State S — 2024 MLD 1452 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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