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Initializing Secure Chambers
Petitioner: Zaka Ullah VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Maqbool Baqar Title: Zaka Ullah vs The State and another Case No.: Criminal Petition No. 1280 of 2019 Date of Judgment:2020-01-15 Reported As: 2020 P SC (Crl.) 729, 2020 SCMR 452 Result: Bail granted
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.---Behind bars since 17.5.2019, Zaka Ullah, petitioner seeks admission to bail in a case of homicide; on the fateful day, he allegedly drove and whisked away co-accused Usman Ashraf on a motorbike after the deceased, on a motorbike as well, was dealt with multiple fire shots, including one by him. Motive for the crime is a runaway marria ge. The deceased succumbed to the injuries after a brief struggle at the hospital; before the Medical Officer, amongst others, he accused Farooq and Waqas for having mounted the assault, however , First Information Report recorded on the statement of Ikram Aslam specifically named the petitioner with a role, nonetheless, belied by the Investigating Of ficer. 2. Heard. Record perused. 3. According to the crime report, the deceased was repeatedly shot initially by Muhammad Ashraf co-accused by a .30 caliber pistol, subsequently taken over by the petitioner to conclude the occurrence with the last shot, a role conspicuously omitted alongside the name in the last A declaration, an apparent dichotomy to be best settled after recording of evidence. Investigating suggests petitioner's presence at the spot, albeit with no role, a circumstance additionally calling for further probe in the alleged culpability; a case for release on bail stands made out. The petitioner shall be released upon furnish ing bonds in the sum of Rs.500,000/- with two sureties each in the like amount to the satisfaction of the learned trial Court. The petition is converted into appeal and allowed.
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