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2020 P SC (Crl.) 729, 2020 SCMR 452

Zaka Ullah vs The State and another

Citation2020 P SC (Crl.) 729, 2020 SCMR 452
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 1280 of 2019
Date2020-01-15
Judge(s)Qazi Muhammad Amin Ahmed, Maqbool Baqar
ResultBail granted

ORDER

QAZI MUHAMMAD AMIN AHMED, J.---Behind bars since 17.5.2019, Zaka Ullah, petitioner seeks admission to bail in a case of homicide; on the fateful day, he allegedly drove and whisked away co-accused Usman Ashraf on a motorbike after the deceased, on a motorbike as well, was dealt with multiple fire shots, including one by him.

Motive for the crime is a runaway marria ge. The deceased succumbed to the injuries after a brief struggle at the hospital; before the Medical Officer, amongst others, he accused Farooq and Waqas for having mounted the assault, however , First Information Report recorded on the statement of Ikram Aslam specifically named the petitioner with a role, nonetheless, belied by the Investigating Of ficer.

2. Heard. Record perused.

3. According to the crime report, the deceased was repeatedly shot initially by Muhammad Ashraf co-accused by a .30 caliber pistol, subsequently taken over by the petitioner to conclude the occurrence with the last shot, a role conspicuously omitted alongside the name in the last A declaration, an apparent dichotomy to be best settled after recording of evidence. Investigating suggests petitioner's presence at the spot, albeit with no role, a circumstance additionally calling for further probe in the alleged culpability; a case for release on bail stands made out. The petitioner shall be released upon furnish ing bonds in the sum of Rs.500,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court. The petition is converted into appeal and allowed. 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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