Citation Name: 2024 YLR 762 LAHORE-HIGH-COURT-LAHOREBookmark this Case USMAN ALI MAQBOOL vs State S

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Citation Name: 2024 YLR 762 LAHORE-HIGH-COURT-LAHOREBookmark this Case USMAN ALI MAQBOOL VS State S. 497(1)---Penal Code (XLV of 1860), Ss. 302, 324, 337-F(v) & 34---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, common intention---Bail, grant of---Further inquiry---Case of cross-versions---Petition was declared innocent during investigation---As per the contents of the crime report, the allegation against the petitioner was that he along with his co-accused committed murder of two brothers by firing and caused firearm injuries to another person---Record showed that during probe cross-version of the case was also brought on record upon the application moved by Mr. "A"---According to the counter-version, one of the accused persons of F.I.R received a bullet injury on his left arm due to a shot statedly fired by Mr. "Q"---As per record, said injured was examined at THQ Hospital shortly after the incident and was found in receipt of a firearm entry wound on the left bicep which had a corresponding exit wound as well as a fracture---Investigating Officer informed that the facts emanating from the counter-version of the incident were found to have truth in them---Procedural relief of bail was generally granted in cases of two versions in the absence of some extraordinary circumstances, more importantly when the counter stance of the accused about the same incident was supported by some record and investigation---Courts lean in favour of extending the concession of post-arrest bail to an accused in cases of cross-version on the premise that in such like cases it is always in fitness of things to leave the question of initiation of aggression to the trial Court where it could best be decided after in-depth analysis of the evidence---In routine ipse-dixit of the police without evaluating the supporting reasoning was not considered sufficient for the grant of post-arrest bail in a homicide case---Such opinion in favour of an accused could still be used for enlarging him on post-arrest bail if it was based on some confidence inspiring material by examining it on the touchstone of tentative assessment---Courts were not oblivious of the fact that vested interests, defective investigations and dishonest opinions had eroded and polluted the investigation process of criminal cases---At the same time, the vengeance of litigants prompts them to grill some innocent persons along with actual offenders in criminal cases and fair police investigation was the only tool left for lifting veil from the actual facts---In the instant case, it was observed from record that petitioner was declared innocent on the basis of visuals of incident captured in CCTV camera installed adjacent to the crime scene---Said visuals were also forwarded to Forensic Science Agency and it was reported that the clips were free from editing and tampering---Needless to mention here that such video clips had legal admissibility in consonance with Arts. 46-A & 164 of Qanun-e-Shahadat, 1984, thus could be taken into consideration even at bail stage---According to the police opinion based on these visuals, in fact the complainant-side mounted an aggression to take the life of petitioner who got married earlier in the day but unfortunately two brothers became victims of that attack, though none out of them had any concern with the ongoing enmity of the two families---Petition was allowed in circumstances and petitioner was admitted to bail.

Citation Name: 2024 YLR 762 LAHORE-HIGH-COURT-LAHOREBookmark this Case USMAN ALI MAQBOOL vs State S — 2024 YLR 762 LAHORE-HIGH-COURT-LAHORE

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