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Petitioner: Zulfiqar VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Maqbool Baqar Title: Zulfiqar vs The State and another Case No.: Criminal Petition No. 1672-L of 2019 Date of Judgment:2020-01-15 Reported As:PLJ 2021 SC (Cr.C.) 208, 2020 P SC (Crl.) 827, 2020 P SC (Crl.) 831, 2020 SCMR 417 Result: Bail granted
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.---Behind bars since 14.06.2019, Zulfiqar , petitioner seeks admission to bail. It is alleged that on the fateful day, he along with his two sons accompanied by three unknown assailants, each armed with a .30 caliber pistol, confronted Muhammad Shakeel Jahangir , deceased in the backdrop of a motive relating to a dispute over property; he is attributed first shot to the deceased on his right shin followed by fire shots by the co-accused. Autopsy revealed three entry wounds. Effective role qua the deceased assigned in the crime report notwithstanding, the petitioner has been found by the Investigating Officer to have merely abetted the crime without being at the spot. 2. Heard. Record perused. 3. Accompanied by two able bodied sons, each lethally armed, whether the petitioner had any occasion to venture the occurrence is an issue to be best settled after recording of evidence. Number of fire shots sustained by the deceased is not commensurate with the volley of fires collectively made by the assailants including the unknown dis a circumstance that additionally warrants further probe. Acceptance of plea raised by the petitioner , statedly in his late sixties, is yet another circumstance converging in his favour; his culpability certainly calls for further probe, thus, a case for his release on bail stands made out. The petitioner shall be released on his furnishing 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.