ITBAR MUHAMMAD vs State S — 2024 SCMR 1576 SUPREME-COURT

Case information

Citation: 2024 SCMR 1576 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: ITBAR MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; 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

ITBAR MUHAMMAD VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---In the present case one person had lost his life and one person had sustained injuries at the hands of accused persons---Furthermore, the petitioner (accused) along with another accused was nominated in the FIR and specific role of firing at the deceased and injured person was attributed to petitioner specifically---Prosecution witnesses in their statements had supported the version of the complainant given by him in the FIR---Medical evidence also corroborated the ocular account---Record further reflected that the version of complainant was corroborated by the recovery of empties from the place of incident and recovery of pistol at the pointation of the petitioner, therefore, there appeared reasonable grounds to believe that petitioner/accused had committed the offence which was punishable with death or imprisonment for life, hence the case of petitioner fell within the prohibitory clause of section 497, Cr.P.C.---Tentative assessment of material available on record prima facie connected the petitioner with the commission of the offence which fell within the ambit of the prohibitory clause of section 497, Cr.P.C.---Petition was dismissed, leave was declined, and petitioner was refused bail.

Other judgments reported in 2024 SCMR

2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murder…
2024 SCMR 205 SUPREME-COURTNAVEED SATTAR VS State S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at b…
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