Muhammad Kashif Shehzad vs State S — 2025 YLR 1672 LAHORE-HIGH-COURT-LAHORE

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Muhammad Kashif Shehzad VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 324, 337-F(v), 337-D & 34---Attempt to commit qatl-i-amd, ghayr-jaifah-hashimah, jaifah, common intention---Bail, grant of---Further inquiry---Allegations against the accused-petitioner were that he caused injuries to the brother of complainant by firing---Occurrence in this case took place on 23.07.2024 and case was registered on the same day---Petitioner was not nominated in the FIR rather he was nominated through supplementary statement got recorded with considerable delay i.e. on 12.08.2024---Similarly, injured of the case was vitally stable when he was brought in the hospital as per Medico-Legal Examination Certificate but he did not nominate petitioner in his first statement got recorded on 23.07.2024 rather he got recorded statement that occurrence was committed by two unknown accused persons, however, after recording of supplementary statement by the complainant, injured also made supplementary statement on 12.08.2024 while nominating present petitioner as accused---As per FIR, two fire shots hit injured whereas Medico-Legal Examination Certificate of injured reflected that he received entry wound below the umbilicus on right mid clavicular line whereas exit wound was on upper outermost (lateral) region of right gluteus just along the line of right anterior superior iliac spine---When both the parties were related to each other as mentioned in the supplementary statement, then not nominating the petitioner by the complainant in the FIR as well as in first statement of injured rather nominating petitioner as an accused in the case with considerable delay raised eyebrows---In such circumstances supplementary statements of the complainant, injured and witnesses required evidential verification during trial of the case and case of prosecution to the extent of present petitioner, at present, required further probe/inquiry within the purview of subsection (2) of Section 497, Cr.P.C---Petitioner was arrested in the case on 28.08.2024, sent to jail on 31.08.2024 where he was confined---Mere detention of the petitioner in lockup for an indefinite period would not serve any useful purpose to the case of prosecution---Bail could not be withheld as advance punishment---In such eventualities, case for grant of post-arrest bail to the petitioner had been made out---Bail was allowed, in circumstances. Citation Name: 2025 YLR 1672 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Kashif Shehzad VS State S. 497---Bail order---Observations of Court---Scope---Observations made in a bail order are just tentative in nature, strictly confined to the disposal of bail application and should have no bearing upon trial of the case. Citation Name: 2025 YLR 1672 LAHORE-HIGH-COURT-LAHOREBookmark this Case Muhammad Kashif Shehzad VS State S. 497---Bail, grant of---Principle---It is better to err in granting bail than to err in refusal because ultimate conviction and sentence can repair the wrong resulted by a mistaken relief of bail.

Muhammad Kashif Shehzad vs State S — 2025 YLR 1672 LAHORE-HIGH-COURT-LAHORE

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