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NLR 2015 Criminal 112

ABDUL REHMANs vs THE STATE

CitationNLR 2015 Criminal 112
CourtSupreme Court of Pakistan
Case No.Jail Petitions No. 240 & 258 of 2012
Date2013-04-03
Judge(s)Ejaz Afzal Khan, Muhammad Ather Saeed
ResultLeave Granted

ORDER

1. ' EJAZ AFZAL KHAN, J.---The main contention of the learned counsel for the petitioners was when none of the assailants was nominated in the FIR and the description given about their physique and facial features was so generic that anybody could fit in therewith, the petitioners cannot be said to have been linked with the crime on its basis. Recovery of motor-cycle, the learned counsel added, too would not link them with the crime when its number has not been mentioned in the First Information Report. In the absence of a satisfactory answer, the learned counsel' maintained, as to how were the petitioners suspected of having a hand in the crime, even their arrest let alone trial and conviction would be unjustified. Points urged merit consideration and thus call for reappraisal of evidence. We, therefore, grant leave to appeal in both these petitions for the purpose mentioned above.

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