MUHAMMAD IQBAL alias BALI and another vs THE STATE and others
This is a jail petition and a criminal petition arising from a criminal judgment seeking leave to appeal and enhancement of sentence respectively. The core legal question concerns the appreciation of prosecution evidence, specifically regarding delay in lodging the First Information Report, the presence of eye-witnesses, and the conduct of the investigation. The Supreme Court of Pakistan held that leave to appeal should be granted to re-consider the entire prosecution evidence in the jail petition, and similarly granted leave to appeal in the connected petition for enhancement of sentence, directing both appeals to be clubbed together. The key principle laid down is that unexplained delays in reporting crimes to nearby police stations and inherent improbabilities regarding the conduct of alleged eye-witnesses warrant a thorough re-appreciation of evidence by the apex court.
- Does an unexplained delay in lodging the First Information Report reflect adversely on the presence of eye-witnesses?
- Whether leave to appeal should be granted to re-consider prosecution evidence when questions regarding dishonest investigation and eye-witness conduct are raised?
- Should a petition for enhancement of sentence be clubbed together with an appeal arising from the same judgment where leave has already been granted?
ORDER
Jail Petition No, 28 of 2011 TARIQ PARVEZ, J.---Learned Advocate Supreme Court for petitioner states that the occurrence has taken place on 4-9-2003 at 11-00 a.m. And despite that the Police Station was situated at a distance of only about 1/4 km from the place of occurrence the report for F.I.R. Was made on the next day i,e, 5-9-2003 at 10-30 a.m., which reflects adversely on the presence of eye-witnesses; that the complainant party took time for deliberations to involve the petitioner in the offence, because otherwise it was un-witnessed crime. Learned counsel also states that if three witnesses namely Muhammad Ishfaq, Naik Muhammad and Niaz Ali were present at the spot, they could have caught hold of the single accused/petitioner, if not before the occurrence, at least after the occurrence. He added that facts of the case suggest dishonest investigation.
2. In view of the submissions made hereinabove, leave to appeal is granted to re-consider the entire prosecution evidence.
Criminal Petition No, 72 of 2011
3. Since leave has been granted in the connected petition and this petition has been filed for enhancement of the sentence arising out of the same judgment, therefore,, leave to appeal is also granted in this petition with direction to club both the appeals together. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.