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SHAUKAT ALI vs State S — 2024 SCMR 594 SUPREME-COURT

Case information

Citation
2024 SCMR 594 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
SHAUKAT ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 497; 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

SHAUKAT ALI VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, cancellation of---Misuse of bail---Extending threats to complainant party---Accused (respondent) had been nominated in the FIR with a specific role and the recovery of weapon used in commission of offence had been effected from him---Medical evidence fully supported the stance taken by the prosecution---Complainant and the eye-witnesses fully implicated the accused for the offence while deposing that the accused with the intent to kill the deceased has made straight firing upon him---Furthermore, after registration of FIR, the investigation was handed over to a Police Inspector, who failed to investigate the case fairly/impartially and became partisan with the accused persons and gave his opinion regarding non-involvement of the accused persons in the offence---Complainant filed a private complaint before the Judicial Magistrate, which was, accordingly forwarded to the Additional Sessions Judge, who subsequently found that sufficient incriminating material was available against all the accused persons---As regards the accused being a highly influential person who was extending threats of dire consequences to the complainant, the same amounted to misuse of concession of bail---Petition was converted into appeal and allowed, and bail granted to accused was recalled/cancelled.

Other judgments reported in 2024 SCMR

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