KAMRAN vs State S — 2024 SCMR 1419 SUPREME-COURT

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KAMRAN VS State S. 497---Penal Code (XLV of 1860), S. 392---Constitution of Pakistan, Art. 185(3)---Robbery---Bail, refusal of---In the FIR, allegation against the petitioner was that he inflicted chhuri/ dagger blows at the abdomen of the deceased/complainant, which proved fatal and the complainant succumbed to injuries on the following day---Through a supplementary statement of the deceased/ complainant, which was recorded by the police on the day of occurrence while the complainant was admitted in the hospital, he nominated the present petitioner to be the unknown culprit who committed the offence---Father of the deceased/ complainant and a prosecution witness after having seen the CCTV video of the occurrence showing petitioner stabbing the deceased/complainant, charged the petitioner for murder of the deceased in their statements recorded under section 164, Cr.P.C.---In the forensic video analysis made by the Punjab Forensic Science Agency of the CCTV video of the occurrence, no editing features were observed, hence the question of false implication did not arise in the instant matter---Cause of death, as recorded in the post-mortem report, was injuries to liver and major vessel of the abdomen---Recovered chhuri/ dagger, as per FSL report, was found to be stained with the human blood---In this way, the medical evidence and the recovery of crime weapon fully supported the prosecution case by connecting the petitioner with the commission of crime, which entailed capital punishment and fell within the prohibitory clause of section 497, Cr.P.C.---Mere fact that the petitioner was a juvenile did not entitle him to the concession of bail as he was charged for a heinous offence, the punishment for which was death or imprisonment for life or imprisonment for more than seven years---Petitioner was not entitled to the concession of bail---Bail application was, therefore, dismissed and leave was declined.

KAMRAN vs State S — 2024 SCMR 1419 SUPREME-COURT

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