NAEEM SAJID vs State S — 2025 SCMR 129 SUPREME-COURT

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NAEEM SAJID VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---Case of cross-versions---[Per Jamal Khan Mandokhail, J. [Majority view]: Admittedly there was an issue between the parties in respect of land where the incident had occurred---Claim of the complainant was that the petitioners and others attacked upon the father of the complainant with sticks who was injured and subsequently he was thrown in front of the tractor and the tractor ran over their father, which resulted into his death---On the other hand, the petitioners denied the claim of the complainant and narrated that the complainant was the aggressor who attacked upon them---Role of each of the accused had to be established subsequently, in the light of medical report showing cause of death---Case of the prosecution had to be proved through cogent and reliable evidence, which was yet to be produced before the Trial Court---At present stage, on a tentative assessment, prima facie, the petitioners could not be singled out for commission of the offence---Their involvement in the case was one of a further inquiry, on the basis of which, the petitioners were entitled for the grant of bail---Petition was converted into an appeal and was allowed; and the petitioners were granted post-arrest bail]---[Per Syed Hasan Azhar Rizvi, J. [Minority view]: Perusal of the record indicated that all the petitioners were expressly nominated in the FIR with specific roles attributed to them---They collectively caused injuries to the deceased and threw him in front of the tractor---Petitioners had not disputed the time, date, and place of occurrence or their presence at the time of occurrence---Medico legal certificate available on record fully supported the prosecution case---There was no contradiction between the medical report and the version put forth by the complainant---Cross-version was registered after a delay of one month and 03 days---Petitioners filed their first post-arrest bail before the Trial Court wherein they never mentioned about the alleged occurrence as mentioned in cross-version---Offence of qatl-i-amd alleged in the present case, being punishable with death or imprisonment for life under Section 302, P.P.C., fell within the prohibitory clause of Section 497(1), Cr.P.C---Present case, on tentative assessment, did not seem to be one of the further inquiry---Petition was dismissed; leave was refused, and consequently petitioners were denied post-arrest bail.

NAEEM SAJID vs State S — 2025 SCMR 129 SUPREME-COURT

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