[Supreme Court of Pakistan]
Present: Yahya Afridi, Sayyed Mazahar Ali Akbar Naqvi and Muhammad Ali Mazhar, JJ
NAVEED SATTAR---Petitioner
Versus
The STATE and others---Respondents
Criminal Petition No. 317-L of 2023, decided on 20th September, 2023.
(On appeal against the order dated 14.02.2023 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 48864-B of 2022)
(a) Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Further inquiry---After registration of FIR, the complainant recorded four supplementary statements---In the first three supplementary statements, the complainant did not nominate the petitioner as an accused---However in her fourth supplementary statement, recorded after a lapse of more than four months of the occurrence, she did nominate the petitioner for the first time---Bare look of the crime report and the subsequent four supplementary statements recorded by the complainant shows that she kept changing her stance---It appears there is no direct evidence against the petitioner and the prosecution case hinges upon circumstantial evidence---Petitioner is behind bars for the last more than 20 months---Case of the petitioner squarely falls within the ambit of section 497(2), Cr.P.C. entitling for further inquiry into his guilt---Petition for leave to appeal was converted into appeal and allowed and petitioner was admitted to bail.
(b) Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Qanun-e-Shahadat (10 of 1984), Art. 22---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Identification parade---Identification parade was conducted after petitioner's nomination by the complainant and in such circumstances, prima facie the sanctity of such test identification parade is open for determination---Petition for leave to appeal was converted into appeal and allowed and petitioner was admitted to bail.
(c) Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Call Data Record (CDR)---So far as the Call Data Record (CDR) is concerned, in absence of any concrete material the CDR is not a conclusive piece of evidence to ascertain the guilt or otherwise of an accused---Petition for leave to appeal was converted into appeal and allowed and petitioner was admitted to bail.
(d) Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Photographs allegedly connecting the petitioner with the commission of the crime---Nothing is available on record to show that said photographs were ever sent for forensic examination, therefore, it is unsafe to rely upon the same as a piece of evidence in a court of law---Petition for leave to appeal was converted into appeal and allowed and petitioner was admitted to bail.
Ishtiaq Ahmed Mirza v. Federation of Pakistan PLD 2019 SC 675 ref.
(e) Criminal Procedure Code (V of 1898)---
----S. 497---Constitution of Pakistan, Art. 185(3)---Bail---Benefit of doubt---Benefit of doubt can even be extended at bail stage.
Muhammad Ejaz v. The State 2022 SCMR 1271; Muhammad Arshad v. The State 2022 SCMR 1555 and Fahad Hussain v. The State 2023 SCMR 364 ref.
(f) Criminal Procedure Code (V of 1898)---
----Ss. 497(2) & 156---Penal Code (XLV of 1860), 302, 34, 118, 120-B, 109 & 506--- Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, grant of---Opinion of police during investigation---Relevance---Although the petitioner was found involved during police investigation but it is settled law that ipse dixit of the police regarding the guilt or innocence of an accused could not be depended upon as the same would be determined by Trial Court on the basis of evidence available on record---Petition for leave to appeal was converted into appeal and allowed and petitioner was admitted to bail.
Humayoun Rashid, Advocate Supreme Court (through video link from Lahore) for Petitioner.
Irfan Zia, D.P.G. and Wahid and Iqbal, SI for the State.
Complainant in person.
