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Petitioner: MUHAMMAD SHAHID VS Respondent: StateHonorable Justice Tassaduq Hussain JillaniAbdul Haq Malik
2011 S C M R 168
2011 S C M R 168
[Supreme Court of Pakistan]
Present: Tassaduq Hussain Jillani, Khilji Arif Hussain and Asif Saeed Khan Khosa, JJ
MUHAMMAD SHAHID---Petitioner
Versus
THE STATE---Respondent
Jail Petition No. 774 of 2009, decided on 28th May, 2010.
(On appeal against the judgment dated 14-7-2009 passed by High Court of Balochistan, Quetta in Criminal Jail Appeal No. 25 of 2007 and Murder Reference No. 9 of 2007).
Penal Code (XLV of 1860)---
----Ss. 302(b) & 201---Constitution of Pakistan, Art. 185(3)---Qatl-e -amd and causing disappearance of evidence of offence---Submissions were, that occurrence was unseen, circumstantial evidence was insufficient to prove the guilt of accused---Courts below had erred in law in resorting to convictions under Ss. 302 and 201, P.P.C. at a time and no independent evidence was led to prove fear and public alarm to attract the provisions of S. 6 of the Anti-Terrorism Act, 1997---Leave to appeal was granted to accused to consider, inter alia, the said points.
Fazal Dad v. Ghulam Muhammad Malik PLD 2007 SC 571 ref.
Abdul Haq Malik, Advocate Supreme Court for Petitioner.
Raja Abdul Ghafoor, Advocate Supreme Court on behalf of Advocate-General Balochistan for the State.
ORDER
TASSADUQ HUSSAIN JILLANI, J.---Submits that it was an un-witnessed occurrence; that the circumstantial evidence led to prove the case was not sufficient to bring home the guilt of the petitioner beyond reasonable doubt; that the learned Courts have fallen in error in not appreciating that the conviction under two sections i.e. under sections 302 and 201, P.P.C. could not be resorted to at a time; that no independent evidence was led to prove fear and public alarm to bring the case within the mischief of section 6 of the Anti Terrorism Act, 1997. Reliance was placed on Fazal Dad v. Ghulam Muhammad Malik (PLD 2007 SC 571).
2. Having heard petitioners' learned counsel at some length, leave is granted to consider the afore referred points and any other point which may arise.
N.H.Q./M-64/SC Leave granted.