ABDUL QUDOOS vs Hafiz ISRAR AHMED S — 2024 SCMR 1705 SUPREME-COURT

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ABDUL QUDOOS VS Hafiz ISRAR AHMED S. 498---Penal Code (XLV of 1860), Ss. 302, 324 & 427---Qatl-i-amd---Ad interim pre-arrest bail, confirmation of---Cancellation of bail---Principles---Dying declaration---Scope---Accused was admitted to pre-arrest bail by Trial Court but High Court cancelled the same---Validity---Statement under section 161, Cr.P.C. recorded in injured condition of deceased, one day prior to his death, was rightly not considered as a dying declaration by Trial Court as death occurred on the next day---Investigation was completed to the extent of petitioner accused---After submission of challan, trial had also commenced---Trial Court, after tentative assessment of material available on record granted pre-arrest bail to petitioner accused but the same was wrongly cancelled by High Court without appreciating that no grounds for cancellation of pre-arrest bail of petitioner accused were available to complainant---While cancelling pre-arrest bail of petitioner accused, High Court also failed to appreciate that there was nothing on record to show that petitioner accused ever abused or misused concession of pre-arrest bail---On the basis of tentative assessment of material available on record, apprehension of petitioner accused for his arrest by police at the behest of complainant with mala fide and ulterior motives, could not held as vague or baseless---Grant of pre-arrest bail to petitioner accused by Trial Court was not "granted in wrong exercise of discretion"---Supreme Court set aside order passed by High Court and restored that of Trial Court---Petition for leave to appeal was converted into appeal and bail was allowed.

ABDUL QUDOOS vs Hafiz ISRAR AHMED S — 2024 SCMR 1705 SUPREME-COURT

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