Pakistan Case Lawโ† Search
2012 PSC (Crl.) 480

Muhammad Hanif vs The State, etc.

Citation2012 PSC (Crl.) 480
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 846-L of 2011
Date2011-12-20
Judge(s)Asif Saeed Khan Khosa, Gulzar Ahmed
ResultBail after arrest allowed.

1. ' ASIF SAEED KHAN KHOSA, J. -- Admittedly Muhammad Hanif petitioner had not caused any injury to any person during the incident in issue and the role allegedly played by him. during the incident in question was merely that of a facilitator of his co-accused. The pistol allegedly recovered from the petitioner's possession during the investigation had never been sent to the Forensic Science Laboratory for comparison with any crime-empty and, thus, the alleged recovery is of no legal consequence. The complainant present before the Court in person has stated that both the parties are immediate neighbours and they have been living together for' a long time without any physical altercation taking place between them despite their on-going dispute over some land, lt has never been specified by the complainant party as to what exactly was the petitioner's position in the motive set up by the prosecution. Admittedly the alleged dispute over the land had never been taken before any Court of law and, thus, no independent evidence has so far been brought on the record regarding existence of the dispute itself. The petitioner had been arrested in connection with this case on 15.07.2009, i,e, about 2% years ago and his trial is still at an initial stage with no prospect of its conclusion in the near future. For all thesd reasons this petition is converted into an appeal and the same is allowed and, consequently, the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs, 1,00,000/- (Rupees one hundred thousand only) with two sureties each in the like amount to the satisfaction of the learned Trial Court.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch