MUJAHID HUSSAIN vs State S — 2024 SCMR 800 SUPREME-COURT

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MUJAHID HUSSAIN VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148, & 149---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Case of cross versions---Discharge report prepared in favour of accused---On the recommendation of the Regional Standing Board (RIB) of police, the investigation was changed and fresh investigation was conducted by the Inspector-RIB under the supervision of the SP-RIB---Investigating agencies on the basis of the material available on the record came to the conclusion that both the petitioners (accused persons) and other co-accused be discharged, final report whereof was submitted to the trial Court---Prosecution confirmed the discharge of the petitioners by the Regional Investigation Branch (RIB)---Law Officer for the prosecution supported the contentions of the counsel for the petitioners qua exoneration/discharge of the petitioners by the Regional Standing Board (RIB) and confirmation of the approval of the final report by the District Police Officer (DPO) concerned---Present case was a case of two versions one narrated by the complainant party in the FIR and the second by the investigating agencies on behalf of the State after conducting fresh investigation under the supervision of an SP and the final report had been approved by the DPO concerned---Petitioners had made out a case for grant of bail as their case squarely fell within the purview of Section 497(2) Cr.P.C.---Consequently, petition was converted into an appeal and allowed, and the petitioners were admitted to post arrest bail.

MUJAHID HUSSAIN vs State S — 2024 SCMR 800 SUPREME-COURT

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