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PLJ 2021 SC (Cr.C. ) 240, 2021 SCMR 629

Haider Ali vs The State and others

CitationPLJ 2021 SC (Cr.C. ) 240, 2021 SCMR 629
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 1323-L of 2020
Date2021-02-10
Judge(s)Mushir Alam, Sardar Tariq Masood, Yahya Afridi
ResultBail granted

ORDER

SARDAR TARIQ MASOOD, J.---Through this petition the petitioner impug ns the order dated 12.10.2020 through which the post arrest bail was declined to him in case FIR No.107 registered at Police Station Madina Town, Faislalabad on 15.1.2020 in respect of the offences under sections 302/324/148 and 149 of the Pakistan Penal Code (P .P.C.).

2. After hearing learned counsel for the petitioner , counsel for the complainant, learned Addl. Prosecutor General Punjab and having gone through the record we observe that although the FIR was chalked out on a written application of the complainant Faisal Jameel but name of the petitioner is not mentioned in the said FIR rather it is mentioned that the unknown person who fired four shots at Javed Bashir can be identified by the complainant if brought before him. Subsequently , the supplementary statement was recorded by the complainant who categorically stated that he identified the petitioner then and there when he made fire shots upon Javed Bashir deceased. This divergent stance of the complainant makes the case of the petitioner of further inquiry falling under subsection (2) of section 497 of the Criminal Procedure Code (Cr.P.C.). Hence, this petition is converted into an appeal and the same is allowed. The petitioner is released on bail subject to his furnishing bail bond in the sum of Rs.2,00,000/- (Rupees two hundred thousand only) with two sureties in the like amount to the satisfaction of the trial Court. 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.

Cited by 2 cases

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