2021 S C M R 301

[Supreme Court of Pakistan]

Present: Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ

LAL MARJAN and another---Petitioners

Versus

ISLAM GUL and others---Respondents

Criminal Petition No. 1210 of 2020, decided on 9th December, 2020.

(Against the order dated 25.09.2020 passed by the Peshawar High Court in Cr. Misc. (B.A.) No.2881-P of 2020)

Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Bail, grant of---Further inquiry---Accused persons were arrayed as culprits in the case on basis of supplementary statement of complainant made more than a week after the incident---Prosecution's own case was that the assailants emerged at the spot all of a sudden and had concealed their faces with masks---Nineteen (19) casings of 7.66 calibre secured from the spot suggested use of an automatic weapon, indicating suddenness of the incident---Failure of investigating officer to recover the weapon or motorbike used during the occurrence left the fate of the prosecution case to be essentially decided on the basis of supplementary statement of complainant, evidentiary value whereof, was to be best assessed after recording of evidence---Case of accused persons' release on bail within the contemplation of S. 497(2), Cr.P.C. was made out---Petition for leave to appeal was converted into appeal and allowed and accused persons were released on bail..

Asad Ullah Khan Chamkani, Advocate Supreme Court for Petitioners.

Zahid Yousaf Qureshi, Additional Advocate General, Khyber Pakhtunkhwa with M. Aslam, SI for Respondents.

Date of hearing: 9th December, 2020.

ORDER

QAZI MUHAMMAD AMIN AHMED, J.---Two masked pillion riders surprised the complainant and the witnesses with sudden indiscriminate firing at 5:45 p.m. on 28.7.2020 within the remits of Police Station Barra District Khyber; from amongst the injured, Safeer subsequently succumbed to the injuries. As the investigation progressed, the complainant came up with a supplementary statement purportedly recorded on 6.8.2020 wherein the petitioners were arrayed as the culprits against the backdrop of deceased's runaway marriage with a lady related with them, way back in the year 2012.

2. Heard. Record perused.

3. Be that as it may, it is prosecution's own case that the assailants who emerged at the spot all of a sudden had concealed their faces with masks; 19 casings of 7.66 caliber secured from the spot suggest use of an automatic weapon, indicating suddenness of the episode in retrospect. Investigating Officer's failure to recover the weapon or the motorbike used during the occurrence brings fate of prosecution case to be essentially decided on the basis of supplementary statement, evidentiary value whereof, is to be best assessed after recording of evidence. A case for petitioners' release on bail is made out within the contemplation of subsection (2) of section 497 of the Code of Criminal Procedure 1898; they shall be released upon furnishing bonds in the sum of Rs.500,000/- with one surety each in the like amount to the satisfaction of the learned trial Court. Petition is converted into appeal and allowed.

MWA/L-4/SC Bail granted.