| Case ID |
451b8fa2-89d9-40b0-8e0b-01b3525dff49 |
| Body |
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| Case Number |
Criminal Petition No. 1257 of 2019 |
| Decision Date |
Jan 06, 2020 |
| Hearing Date |
Jan 06, 2020 |
| Decision |
For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellants Saqib, Maarifat and Majaz are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand) each with one surety each in the like amount, to the satisfaction of the learned trial court. During the course of arguments, it has been noted by us and as confirmed by the learned State counsel under instructions of the police officer present with record that during the occurrence two persons from petitioner side namely Saqib and Majaz, petitioners Nos. 1 and 3 also sustained injuries but those injuries have not been disclosed in the FIR. Learned counsel appearing on behalf of State also confirms that a cross version in this regard was also recorded and Challan in both cases i.e. FIR and cross version has been submitted. In these circumstances, it is for the trial court to determine as to who was the aggressor and who was aggressed upon, of course, after recording evidence of the parties. As for now, case against the petitioners calls for further enquiry falling within the ambit of section 497(2), Code of Criminal Procedure. |
| Summary |
This case involves a criminal petition, No.1257 of 2019, heard by the Supreme Court of Pakistan on January 6, 2020. The petition challenges the Peshawar High Court's order dated October 18, 2019, which refused bail to the appellants—Saqib, Maarifat, and Majaz—under Criminal Procedure Code Section 497(2) and Pakistan Penal Code Sections 34, 324, 337A(ii), 337-F(ii), and 337-D. The appellants were implicated in attempting to commit qatl-i-amd, with allegations of common intention and various forms of assault arising from an incident involving cross-version FIRs. The Supreme Court reviewed the discrepancies in the FIRs, noting that two individuals from the petitioner's side sustained injuries not initially disclosed, necessitating further inquiry under the relevant legal provisions. After evaluating the evidence and arguments presented by legal advocates, the court decided to convert the criminal petition into an appeal, granting bail to the appellants upon furnishing the specified bail bonds. This decision underscores the court's role in ensuring fair legal procedures, especially in cases with conflicting accounts and the need for comprehensive evidence assessment. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Peshawar High Court,
Police Station AMJS, Peshawar
|
| Judges |
MANZOOR AHMAD MALIK,
JUSTICE QAZI MUHAMMAD AMIN AHMED,
JUSTICE SAQIB
|
| Lawyers |
Arshad Hussain Yousafzai,
Syed Rifaqat Hussain Shah,
Ayesha Tasneem,
Siraj Khan
|
| Petitioners |
Saqib,
Maarifat,
Majaz
|
| Respondents |
THE STATE,
OTHERS
|
| Citations |
2020 SLD 714,
2020 SCMR 677
|
| Other Citations |
Cr. M. B.A. No. 2254-P of 2019
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pakistan Penal Code, 1860
|
| Sections |
497(2),
34,
324,
337A(ii),
337-F(ii),
337-D
|