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2021 S C M R 1847

The Supreme Court of Pakistan granted bail to Abdul Razzaq, a juvenile accused of murder, due to insufficient evidence linking him conclusively to the crime. The court noted that the prosecution's case relied on a pistol borrowed by the accused, which was found at the crime scene, but emphasized that further evidence was necessary to establish culpability. The petition for leave to appeal was converted into an appeal and allowed, resulting in the accused's release on bail pending trial.

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Kashif Aziz
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38 views1 page

2021 S C M R 1847

The Supreme Court of Pakistan granted bail to Abdul Razzaq, a juvenile accused of murder, due to insufficient evidence linking him conclusively to the crime. The court noted that the prosecution's case relied on a pistol borrowed by the accused, which was found at the crime scene, but emphasized that further evidence was necessary to establish culpability. The petition for leave to appeal was converted into an appeal and allowed, resulting in the accused's release on bail pending trial.

Uploaded by

Kashif Aziz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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2021 S C M R 1847

2021 S C M R 1847

[Supreme Court of Pakistan]

Present: Maqbool Baqar, Munib Akhtar and Qazi Muhammad Amin Ahmed, JJ

ABDUL RAZZAQ---Petitioner

Versus

The STATE---Respondent

Criminal Petition No.73-P of 2021, decided on 17th September, 2021.

(On appeal against the judgment dated 19.03.2021 passed by the Peshawar High Court Peshawar in
Cr. Misc. B.A. No.663-P of 2021)

Constitution of Pakistan---

----Art. 185(3)---Penal Code (XLV of 1860), S. 302(b)---Juvenile Justice System Act (XXII of 2018), S.
6---Bail, grant of---Juvenile accused---Allegation against the accused was that he borrowed a pistol
from the witnesses and subsequently retuned it to them; the pistol was produced by the witnesses to
the police and it was forensically found wedded with the casings secured from the scene of murder---
Question as to whether the pistol presented to the police by the prosecution witnesses, shown to have
ejected casings of the fatal shots could be attributed to the accused so as to conclusively saddle him
with the culpability of crime in the absence of any other evidence was an issue that needed to be
settled after recording of evidence---Furthermore date of birth of accused recorded in his school
leaving certificate, brought his status within the remit of juvenility with concomitant concessions
available to him under the law---Even otherwise, investigation being complete, accused's continuous
detention was not likely to improve upon prosecution's case---Petition for leave to appeal was
converted into appeal and allowed, and accused was released on bail.

Syed Abdul Fayaz, Advocate Supreme Court for Petitioner.

Shumail Aziz, Advocate General, Khyber Pakhtunkhwa with Zahid, I.O. for the State.

Complainant in person.

Date of hearing: 17th September, 2021.

ORDER

QAZI MUHAMMAD AMIN AHMED, J.---Zahid Shah, 18/19, was spotted dead on 17.1.2021
within the precincts of Police Station Landi Kotal, District Khyber; his uncle Shoqi Muhammad
reported the incident to police without mentioning the accused or motive for the crime. Autopsy
conducted at 10:45 a.m. on 18.1.2021 noted two firearm entry wounds on the skull, inflicted within the
preceding 9 to 18 hours; as the investigation progressed, the petitioner was hauled up as a suspect on
the basis of statements of Iqrar Hussain and Roman PWs, recorded as late as on 29.1.2021; according
to the witnesses, the petitioner had borrowed a .30 caliber pistol which he subsequently returned to
them; the pistol was produced by the witnesses to the police and it was forensically found wedded with
the casings, secured from the spot. The High Court considered the evidence, sufficient to constitute
"reasonable grounds" and declined bail vide impugned order dated 19.03.2021.

2. Heard. Record perused.

3. Be that as it may, the question as to whether .30 caliber pistol presented to the police by the
prosecution witnesses, shown to have ejected casings of the fatal shots can be attributed to the
petitioner so as to conclusively saddle him with the culpability of crime in the absence of any other
evidence is certainly an issue that needs to be settled after recording of evidence. In the school leaving
certificate, petitioner's date of birth is recorded as 6.9.2004, bringing his status within the remit of
juvenility with concomitant concessions available to him under the law. Even otherwise, investigation
being complete, petitioner's continuous detention is not likely to improve upon prosecution's case; a
case for his release on bail stands made out. Petition is converted into appeal and allowed; the
petitioner/appellant shall be released, pending his trial, upon furnishing bond in the sum of
Rs.500,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

MWA/A-38/SC Bail granted.

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