Latest judgement in Pakistan

 2021 MLD 877 PESHAWAR-HIGH-COURT

MUHAMMAD IDREES VS State

S.497---Penal Code (XLV of 1860), Ss. 324, 337-N & 34---attempt to commit qatl-i-amd, common intention and cases in which qisas for hurt shall not be enforced---bail, grant of---Firing on non-vital parts---Further inquiry---Scope---Accused along with others was alleged to have fired at the complainant with intention to murder him---Complainant, as per site plan, was at the mercy of the accused, however, the accused fired at non-vital part of complainant's body, therefore, applicability of S.324, P.P.C., required further probe---Accused was neither a previous convict nor hardened or desperate criminal---No allegation against accused to the effect that the offence was committed in the name or on the pretext of honour, therefore, the question as to whether the punishment of tazir could be passed against accused or not, keeping in view the provisions of S.337-N(2), P.P.C., made the case of accused one of further enquiry---Petition for grant of bail was accepted.

2021 MLD 855 PESHAWAR-HIGH-COURT

ZEWAR KHAN VS State

S.497---Penal Code (XLV of 1860), Ss. 324, 148 & 149---Attempt to commit qatl-i-amd, rioting, armed with deadly weapon and common object---bail, grant of---Scope---Accused along with others was alleged to have attempted at the life of the uncle of complainant---Injured had sustained a solitary firearm entry wound with corresponding exit on his chest for which, by attributing a general role of indiscriminate firing, seven accused persons were charged---Injury sustained by the injured was not specifically attributed to anyone---Fire shot of which of the seven accused persons proved effective and sharing of common intention of the remaining accused with the accused of effective fire shot was yet to be determined during trial after recording evidence by the Trial Court---Escape of the complainant from indiscriminate firing of seven accused, who at the time of occurrence was in close proximity of injured, was yet another begging question which made the case of accused arguable for the purpose of bail---Petition for grant of bail was allowed, in circumstances.

2020 SCMR 417 SUPREME-COURT

 

ZULFIQAR VS State

S. 497(2)---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd--- bail, grant of---Further inquiry---Accused and his co-accused persons were alleged to have made fire shots at the deceased---Accused was assigned effective role of firing qua the deceased in the crime report, however the investigating officer opined that the accused had merely abetted the crime without being present at the spot---Allegedly accused was accompanied by his two able bodied sons (co-accused), each of whom was lethally armed---Question was whether in such circumstance the accused had any occasion to be part of the occurrence was an issue to be best settled after recording of evidence---Three fire shots sustained by the deceased did not commensurate with the volley of fires collectively made by the assailants---Such circumstance additionally warranted further probe---Furthermore accused was in his late sixties, which was yet another factor in his favour---Culpability of accused certainly called for further probe, thus, a case for his release on bail stood made out---Accused was granted bail.

2019 PCrLJN 67 PESHAWAR-HIGH-COURT

 

RAJ MALIKDAD VS State

S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 295 & 201---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to qatl-i-amd, rioting, armed with deadly weapon, common object, injuring or defiling place of worship and causing disappearance of evidence of offence or giving false information to screen offender---Possessing unlicensed arms---bail, grant of---Further inquiry---Rule of consistency---Applicability---Accused was charged for effective firing upon the deceased and injuring another---Post-mortem examination of deceased was not conducted to ascertain the cause of death---No statement of injured person was recorded during the course of investigation---Cross version of the FIR had been registered---Perusal of both the FIRs revealed that free fight between the parties resulted in injuries and murders from both the sides---Case against accused squarely fell within the ambit of further inquiry---Co-accused had already been granted bail by High Court, thus on the basis of principle of consistency, accused deserved concession of bail---Accused was released on bail, in circumstances.

2019 PCrLJN 67 PESHAWAR-HIGH-COURT

 

RAJ MALIKDAD VS State

S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 295 & 201---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to qatl-i-amd, rioting, armed with deadly weapon, common object, injuring or defiling place of worship and causing disappearance of evidence of offence or giving false information to screen offender---Possessing unlicensed arms---bail, grant of---Further inquiry---Rule of consistency---Applicability---Accused was charged for effective firing upon the deceased and injuring another---Post-mortem examination of deceased was not conducted to ascertain the cause of death---No statement of injured person was recorded during the course of investigation---Cross version of the FIR had been registered---Perusal of both the FIRs revealed that free fight between the parties resulted in injuries and murders from both the sides---Case against accused squarely fell within the ambit of further inquiry---Co-accused had already been granted bail by High Court, thus on the basis of principle of consistency, accused deserved concession of bail---Accused was released on bail, in circumstances.

2018 PCrLJ 84 PESHAWAR-HIGH-COURT

EID BADSHAH VS State

S. 497---Penal Code (XLV of 1860), Ss. 324 & 337-D---Attempt to commit qatl-i-amd, hurt---bail, grant of---Further inquiry---Accused was singularly and directly charged in FIR for making effective firing at complainant party due to which nephew of complainant sustained injuries---Investigating Officer recovered nine empties from the place of occurrence which were sent to the Forensic Science Laboratory---According to Fire Arms Expert report said empties were fired from different weapons which certainly raised a question as to whether the act was the doing of one person or more---Medico Legal Certificate of the victim suggested that he sustained wound on the back side of chest and in that way the Medico Legal Certificate did not support the case of prosecution---Mere abscondance was not a conclusive proof of guilt of accused person---Accused had made no confession before the competent court nor any weapon of offence had been recovered from his possession or at his instance and pointation---Accused was behind bars since a year and no more required to the local police for further investigation and keeping him behind bars would serve no useful purpose---bail was granted accordingly.

2018 YLRN 73 PESHAWAR-HIGH-COURT

MUHAMMAD ALI SHAN AKHTAR VS State

S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---bail, grant of---Further inquiry---Role of effective fire shot on the person of injured/complainant was specifically assigned to the accused---Broad daylight incident reported with promptitude---Non-recovery of blood and crime empty from spot, medical examination of injured ten minutes prior to the registration of FIR and blackening/charring marks observed by Medical Officer on the wound as well as motive were doubtful for a prudent mind about the mode and manner of occurrence---Accused did not repeat act of firing despite the fact that complainant was at his mercy---Primary punishment of offence under S.337-F(iii), P.P.C. was Daman whereas punishment of imprisonment as Ta'zir was subject to conditions/grounds enunciated under S.337-N(2), P.P.C., which were yet to be determined during trial after recording evidence---bail was granted accordingly.

2017 YLRN 120 PESHAWAR-HIGH-COURT

SHERIN VS State

S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---bail, grant of---Further inquiry---Ineffective firing---Accused was charged for ineffective firing at complainant in furtherance of common object---Question of complicity of accused qua his acting in furtherance of common object with co-accused would require recording of evidence---Cases wherein ineffective role of firing was attributed fell within the scope of further inquiry---Abscondance would not be a bar for grant of bail---Accused deserved to be released on bail---bail was granted accordingly.

2017 PCrLJN 164 PESHAWAR-HIGH-COURT

 

ZUBAIR VS State

S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---bail, grant of---Further inquiry---Role attributed to the accused persons was that of firing at the deceased and complainant---effective shots on the person of deceased had not been specifically attributed to the accused---As to whose fire shots out of the four accused proved fatal as well as sharing of common intention of rest of accused with the accused of the effective shot was yet to be determined---Role of accused persons was not distinguishable from co-accused who had been acquitted by the Trial Court---Only ground which prevailed before the court for refusal of bail to the accused persons was their abscondance for a period of three years but mere abscondance of accused person would not be sufficient for refusal of bail to accused if otherwise on merits a case of bail had been made out---bail was granted accordingly.

2021 P S C (Crl.) 518

Supreme Court Of Pakistan

---Ss. 302, 109 & 34---It seems there was some unseen pressure on the Police or prima facie it was the laxity on the part of the Police to perform its duty in accordance with law---The job of the Police is to protect the community by fighting and preventing crime, as well as maintaining law and order---It is the Police who strive to keep the community safe by reducing the fear of crime and improving the overall quality of life of the citizens---The Police is supposed to perform its duty independently without taking any external pressure---So far as the arrest of proclaimed offenders, who have not been arrested despite rejection of pre-arrest bail, the Additional Inspector General is directed to complete the process of law and submit a report for our perusal in chambers within one week---The DPO Sargodha is also directed to complete the process of law regarding the petitioner and submit a report within one week for our perusal in Chambers.

2021 P L R 652

Peshawar High Court Peshawar

---S. 497(5)---Bail---Cancellation of---Prayer for---Offence u/ss. 302/311/148/149, Pakistan Penal Code, 1860---Deeper appreciation of evidence at bail stage was not permissible---Accused were charged with an offence punishable with death or imprisonment for life---Bail granting order would transpire that while allowing bail to accused/respondent plea of alibi was considered---Occurrence was witnessed by eye-witnesses and medical reports of deceased supported prosecution version---No noticeable delay in lodging FIR---Respondent was duly nominated in FIR, with specific role and medical report of deceased showed multiple fire-arms injuries on body of deceased---Offence falls within prohibitory clause of Section 497, Cr.P.C.---Bail cancelled.

2021 P L R 642

Supreme Court Of Pakistan

---S. 497---Acquittal of co-accused, initially arrayed as unknown, has not been received as a valid ground for petitioner’s release on bail, both by the Court of Session as well as the High Court, a view found by us as unexceptionable---Similarly, petitioner’s advanced age with health, statedly frail, albeit with no specific disorder cannot extenuate abscondance of almost 16 years having regard to the fatal role assigned to him---Statements of the witnesses including an injured supported by medical evidence constitute “reasonable grounds” within the contemplation of section 497 of the Code of Criminal Procedure 1898, aggravated by petitioner’s absence going on for an age, unsurmountably stand in impediment to his release on bail, a concession discretionary in nature---View taken by the High Court, being within the bounds of law, does not call for interference.

2021 S L R 344

---S. 497---Petitioner has also been charged in other criminal cases of same nature, the copies of those FIRs are available on file, which depicts that petitioner is habitual offender and dealing in narcotics business---The prosecution has collected sufficient material against petitioner, which prima facie connects him with the commission of a heinous offence falling under the prohibitory clause of Section 497, Cr.PC, therefore he is not entitled to the concession of bail---Hence this bail petition being devoid of merit is dismissed---However, the prosecution/SHO concerned is directed to submit complete challan against the petitioner before the trial Court within a fortnight.

2021 S L R 250 & 2021 PCrR 538

---S. 9(c)---Cross-examination was reserved but subsequently he did not make himself available for cross-examination though efforts were made to procure his attendance, hence, his statement without cross-examination cannot be termed as “legal statement” and has lost its evidentiary value, therefore, cannot be relied upon being “unreliable piece of evidence”; in this regard, case of “Muhammad Uzair versus The State” (2005 YLR 1533

2021 P Cr. R 770

---S. 426---Conviction and sentence u/s. 9(c), Control of Narcotic Substances Act, 1997---Recovery of 1350 gram charas---Suspension of sentence---Prayer for---Petitioner was imprisoned for 6 years’ R.I. whereas he was behind bars since his arrest---He had already undergone imprisonment of 2 years and ten months---Possibility could not be ruled out that petitioner might served his entire sentence---In that eventuality, purpose of filing of appeal before High Court shall become infructuous---Sentence awarded by trial Court to petitioner on recovery of 1350 grams charas, was against sentencing policy settled by High Court in reported by Supreme Court in a reported cases (PLD 2009 Lah. 362) and was affirmend case (PLD 2012 SC 380)---Held: Sentence of appellant/accused was suspended subject to furnishing bail bonds with one surety.

2021 C L R Note 36

---Art. 199---It is well-settled that no Bench of the High Court can issue a writ against another Bench of the same High Court or against another High Court in respect of order passed in judicial capacity. Reference is placed on the judgments reported in PLD 1976 SC 315 and 2011 PLC (C.S.) 1465

KLR 2020 Criminal Cases 221

---S. 22-A---Remedy---It is worthwhile to mention here that provisions of Sections 22-A & B, Cr.P.C. have been introduced through legislation to provide remedy to the citizens at their door steps against the highhandedness of the police, if they fail to perform their duties regarding registration of criminal case, proper investigation or excess is committed by them in relation to their functions and duties--- However, these provisions have not been meant to interfere in the judicial functions of the Courts if after investigation the challan is submitted had cognizance is taken by the Court of competent jurisdiction---The counsel for the petitioner has failed to show that after the submission of challan how an application under Sections 22-A & B, Cr.P.C. is competent before the Justice of Peace---Record further transpired that the Trial Court after receiving challan of the case had issued non-bailable warrants of arrest against the absconding accused and in this regard, proceedings under Sections 87, 88, Cr.P.C. have already been initiated against the absconding accused and it is hoped that the Trial Court will leave no stone unturned to arrest the absconding accused---Besides, the counsel has also failed to point out any illegality, irregularity or perversity in the impugned order dated 7.3.2019 of the Trial Court being passed after proper appraisal of evidence which does not warrant any interference by High Court.

KLR 2021 Revenue Cases 59

---S. 5 & Art. 156---Civil Procedure Code (V of 1908), S. 100---Second appeal---Limitation---Condonation of delay---Sufficient cause---Negligence of party---Effect---Second appeal, in the present case, was time barred by one year and six days---Contention of defendants-Department was that delay was due to late sanction of Court-fee amount for filing of second appeal---Validity---Person seeking condonation of delay must explain delay of each and every day to the satisfaction of Court and should also establish that delay had been caused due to the reasons beyond his control---Person who was negligent in filing appeal and had failed to pursue his case with due diligence was not entitled to any indulgence by the Court---Government or any department of the same were to be treated like an ordinary litigant while considering condonation of delay under S. 5 of Limitation Act, 1908---Ninety days time prescribed for filing of second appeal had already expired before applying for copies of judgment and decree---Present appeal was time barred by one year and six days---No sufficient cause for condonation of delay was shown by the defendants-Department---Second appeal was dismissed being time barred.

PLJ 2021 SC (Cr.C.) 240

[Appellate Jurisdiction

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 302/324/14/149/ 201--Bail, grant of--Supplementary statement--Name of petitioner is not mentioned in FIR rather it is mentioned that four known persons fired four shots, can be identified by complainant if brought before him--in Supplementary statement, complainant claimed that he identified petitioner--Divergent stance of complainant--Bail allowed.

PLJ 2021 SC (Cr.C.) 241

[Appellate Jurisdiction]

----S. 302(b)--Qatl-i-Amd--Circumstantial evidence--Conviction and sentence--Challenge to--Extra judicial confession--Medical evidence supports prosecution case--PW’ s were residents of locality and their presence near place of occurrence is quite natural--Extra judicial confession is also inspires confidence when it is read in conjunction with other circumstantial evidence--Deceased had suffered vaginal injury, as her hymen was found freshly torn--Death of deceased occurred due to throttling tallies with DNA report regarding swab obtained from neck of deceased--DNA report states matching of DNA found in that swab with that of petitioner--Rope of circumstantial evidence adduced by prosecution ties dead body of deceased with neck of petitioner--Death sentence upheld.

PLJ 2021 SC (Cr.C.) 258

[Appellate Jurisdiction]

----Ss. 302(b)/392/34--Identification parade--Chance witness--Recovery--Expert report--Benefit of doubt--Heinous nature of crime should not blur eyes of justice--Cases are to be decided on basis of evidence and evidence alone and not on basis of sentiments and emotions--Testimony of chance witness requires cautious scrutiny and is not accepted unless he gives satisfactory explanation of his presence at or near place of occurrence at relevant time--In absence of reports of Chemical Examiner and Serologist on these facts, assertion of investigating officer as to use of said motorcycle in commission of crime carries no legal worth--Three daughters would have been best persons to identify gold ornaments-- names and particulars of those persons who had brought mobile phones were not mentioned in case dairy-- recovery proceedings were not seen by any person from public other than said witnesses to recovery--It is quite astonishing that both recovery witnesses were close relatives of complainant reached police station at time when investigating officer planned to make a raid for arrest of accused persons and also when accused persons were ready to cooperate for making recoveries during investigation--Court disbelieved alleged recovery of blood-stained weapon of offence, i.e. a chaff cutter (Toka), made after about one month of occurrence--When substantive evidence fails to connect accused person with commission of offence or is disbelieved, corroborative evidence is of no help--Recovery of a blood-stained knife, alleged weapon of offence, insufficient for conviction on excluding testimony of alleged eyewitness from consideration and finding occurrence as an unseen one--It was necessary for investigating officer to get conducted test identification proceedings as to identification of petitioners--It was a serious failure in performance of his duty to conduct investigation of case diligently and efficiently--Mere conjectures and probabilities cannot take place of proof--If a case is decided merely on high probabilities regarding existence or non-existence of a fact to prove guilt of a person, golden rule of giving “benefit of doubt” to an accused person, which has been a dominant feature of administration of criminal justice-- prosecution is under obligation to prove its case against accused person at standard of proof required in criminal cases, beyond reasonable doubt-- prosecution has miserably failed to complete chain of circumstances so as to establish conclusively guilt of petitioners in a manner that can rule out every hypothesis inconsistent with their innocence. The circumstantial evidence tendered by prosecution is not found to be like a well-knit chain, one end of which can touch dead body of deceased persons and other neck of petitioners--Appeal is allowed.

PLJ 2021 SC (Cr.C.) 233

[Appellate Jurisdiction]

----S. 302(b) & 34--Qatl-i-Amd--Conviction and sentence--Challenge

to--First plea of the accused--Conflict in the ocular account and medical evidence--presence of eye witnesses are doubtful--First plea of the accused that he reached at the place of occurrence after the incident--This plea was never taken into consideration by the Courts below--Occurrence took place at Shamwela and No source of light has been mentioned in FIR--Inspite of the arms carried by the accused being freely discharged their overt act at the place of occurrence, complaint did not receive even a single scratch--Close scrutiny of site plan demonstrate that dead body of deceased was lying in the compound where as two deceased were done to death in the adjoining room--Conflict in the ocular account and medical evidence--presence of eye witnesses are doubtful--benefit of such goes to the accused--Acquittal.

PLJ 2021 SC (Cr.C.) 232

[Appellate Jurisdiction]

Present: Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel and Amin-ud-Din Khan, JJ.

----S. 497--Pakistan Penal Code, (XLV of 1860), Ss. 489-B & 489-C--Forged Pakistani currency notes of 1000 domination were recovered from the petitioner--Prima facie, offence u/S. 489-C PPC are attracted--There is no allegation of using as genuine forged or counterfeit currency notes--Bail allowed.

PLJ 2021 SC (Cr.C.) 212

[Appellate Jurisdiction]

----S. 302--Qatl-i-Amd--According to the doctor, injured was brought to the hospital after two hours of the occurrence, besides the record is totally silent about his admission and his death in hospital--Complainant is not inmate of the house, even he did not mention the purpose of his visit--Motive set out has not been believed by the learned courts below--Recovery of weapon is no avail, because report of FSL is only to its in working condition--Presence of eye witnesses at the place of occurrence at the relevant time is not free from doubts--Appeal is allowed.