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2011 SCMR 1953

MUHAMMAD IQBAL alias BALI and another vs THE STATE and others

Citation2011 SCMR 1953
CourtSupreme Court of Pakistan
Case No.Jail Petition No, 28 of 2011 and Criminal Petition No, 72 of 2011
Date2011-06-28
Judge(s)Amir Hani Muslim, Tariq Pervez
ResultLeave granted

ORDER

Jail Petition No, 28 of 2011 TARIQ PARVEZ, J.---Learned Advocate Supreme Court for petitioner states that the occurrence has taken place on 4-9-2003 at 11-00 a.m. And despite that the Police Station was situated at a distance of only about 1/4 km from the place of occurrence the report for F.I.R. Was made on the next day i,e, 5-9-2003 at 10-30 a.m., which reflects adversely on the presence of eye-witnesses; that the complainant party took time for deliberations to involve the petitioner in the offence, because otherwise it was un-witnessed crime. Learned counsel also states that if three witnesses namely Muhammad Ishfaq, Naik Muhammad and Niaz Ali were present at the spot, they could have caught hold of the single accused/petitioner, if not before the occurrence, at least after the occurrence. He added that facts of the case suggest dishonest investigation.

2. In view of the submissions made hereinabove, leave to appeal is granted to re-consider the entire prosecution evidence.

Criminal Petition No, 72 of 2011

3. Since leave has been granted in the connected petition and this petition has been filed for enhancement of the sentence arising out of the same judgment, therefore,, leave to appeal is also granted in this petition with direction to club both the appeals together. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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