MUHAMMAD ASLAM vs MUHAMMAD FEROZE and others
This petition for leave to appeal arises from a criminal matter where the petitioner, the complainant in a murder case, challenged the acquittal of the respondents by the Lahore High Court. The underlying case involved an F.I.R. registered under sections 302, 148, and 149 of the Pakistan Penal Code 1860, concerning the murder of the petitioner's cousin, allegedly committed by the respondents during an unlawful assembly at a local mosque. The core legal question before the Supreme Court was whether the High Court's acquittal, particularly in light of the specific ascription of a solitary firearm injury to the respondents, warranted interference and a reappraisal of the evidence. The Supreme Court, finding merit in the petitioner's grievance regarding the assessment of the evidence, granted leave to appeal to ensure the safe administration of criminal justice. The Court further directed the issuance of bailable warrants to secure the attendance of the respondents before the Sessions Judge, Mandi Bahauddin, pending the final adjudication of the appeal, thereby establishing the necessity of re-evaluating evidence in cases of specific criminal attribution.
- Does the specific ascription of a solitary firearm injury in a murder case warrant a reappraisal of evidence by the Supreme Court?
- Can the Supreme Court grant leave to appeal against an acquittal order passed by the High Court?
- What is the procedure for securing the attendance of respondents after leave to appeal is granted in a criminal case?
- Section 302, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER
Petitioner, complainant of the case registered vide F.I.R. No,201 of 12-4-1991 under sections 302, 148 and 149, P.P.C. Of Police Station Khutiala Sheikhan, District Mandi Bahauddin, reporting the murder of his paternal-cousin Sarfraz Ahmad by the respondents carbine shot firing as a member of an unlawful assembly at the door steps of a local mosque at Fajar prayers time; aggrieved by the recording of acquittal of the latter by the learned Division Bench of the Lahore High Court has sought leave to appeal which we are inclined to grant in view of the specific ascription of solitary fire-arm injury for reappraisal of the entire evidence for safe administration of criminal justice.
2. Let bailable warrants in the sum of Rs,1,00,000 with two sureties each in the like amount be issued for securing the respondents' ' attendance returnable to the Sessions Judge, Mandi Bahauddin.