Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: Nehal VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Mushir Alam, Qazi Muhammad Amin Ahmed Title: Nehal vs The State and another Case No.: Criminal Petition No. 960 of 2020 Date of Judgment:2020-09-02 Reported As: 2020 SCMR 2053, 2022 PSC (Crl.) 1032 Result: Bail refused
Judgment ORDER QAZI M UHAM M AD AM IN AHM ED J. Nehal, petitioner, is blamed to have violated Mst. Tabassam, on gun point, inside her home at 6:30 p.m. on 15.3.2020 within the precincts of Police Station Topi, District Sawabi; he also threatened to upload her pictures on the internet; during the assault, her husband surprised the petitioner, who took to the heels, subsequently arrested with healed wounds. The prosecutrix was medically examined on the eventful day; she shared the history of carnal assault with the Medical Officer, who noted a bruise near the base of index finger with both feet swollen and recommended referral for radiography. 2. Heard. Record perused. 3. The petitioner by his own choice has placed on record prescription/medical certificate, issued by an orthopedic/ spine surgeon dated 16.3.2020 that indicates fracture of a foot, suggested by the Investigating Officer as result of a fall during his quest to flee from the scene. It appears that prosecutrix was also thrashed, though seemingly without fault. Duration of the injuries suffered by the assailant corresponds with the time of occurrence mentioned in the crime report; he lived in the neighborhood and apparently neither the prosecutrix nor her husband, an electrician, who managed a shop, usually throughout the day, had an axe to grind at the cost of their family honour. Investigative conclusions vindicate stance taken by the prosecutrix whose statement coupled with the attending circumstances of the case constitute reasonable grounds within the contemplation of subsection (2) of section 497 of the Code of Criminal Procedure, 1898, standing in impediment to his release on bail, in the absence of any consideration calling for further probe, therefore, exercise of discretion by the Courts below being well within the remit of law calls for no interference. Criminal Petition fails. Leave declined.