MAZHAR ALI vs State S — 2025 SCMR 318 SUPREME-COURT

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MAZHAR ALI VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 109---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---Perusal of the contents of the FIR showed that paternal uncle of the complainant and the other family members were also present at the spot at the time of occurrence, therefore, it was not understandable as to why the FIR was lodged belatedly with a delay of 13 hours and 50 minutes---No eye-witness was mentioned in the FIR and contents of the FIR showed that the occurrence was unwitnessed---On the day after the occurrence prosecution introduced two alleged eye-witnesses, whose names were not mentioned in the FIR---It did not appeal to a prudent mind that when the said alleged eye-witnesses were statedly present at the relevant time inside the house where the occurrence took place then as to why their brother, who was complainant of the FIR, had not mentioned their names in the contents of the FIR---Furthermore petitioner (accused) along with his two brothers was nominated in the FIR, therefore, evidentiary value of the prosecution evidence qua identification of the petitioner during identification parade after his nomination in this case required further probe and inquiry entitling the petitioner to the grant of post-arrest bail---Two co-accused of the petitioner who were also identified by the alleged eye-witnesses during their identification parade had already been acquitted by the Trial Court---Same prosecution evidence had already been disbelieved against co-accused persons by the Trial Court and their case was not distinguishable from the case of the petitioner except alleged abscondence of the petitioner---Petition was converted into appeal and allowed and the petitioner was granted post-arrest bail.

MAZHAR ALI vs State S — 2025 SCMR 318 SUPREME-COURT

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