| Citation(s) |
|---|
| 2007 SLG 3480 2007 SLD 3480 2007 PLJ 32 |
Shariat Court (AJ&K)
Crl. Rev. P. Nos. 4 & 5 of 2007, decided on 26.2.2007
SYED HUSSAIN MAZHAR KALEEM, J
Ch. Muhammad Taj, Advocate for Petitioners (in Crl. Rev. No. 4 of 2007). Mr. Muhammad Sharif Tariq, Advocate for Petitioner (in Crl. Rev. 5 of 2007). Assistant Advocate General for State. Mr. Muhammad Azam Khan, Advocate for the Complainant
Crl. Rev. P. Nos. 4 & 5 of 2007, decided on 26.2.2007
SYED HUSSAIN MAZHAR KALEEM, J
Ch. Muhammad Taj, Advocate for Petitioners (in Crl. Rev. No. 4 of 2007). Mr. Muhammad Sharif Tariq, Advocate for Petitioner (in Crl. Rev. 5 of 2007). Assistant Advocate General for State. Mr. Muhammad Azam Khan, Advocate for the Complainant
NASEER AKBER & others
VS
STATE & another--Respondents
Law:
Section:
(i) Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 439 & 497--AJ&K Penal Code Ss. 302, 324, 147, 148 & 149--Revision--Bail refused--Allegation for receiving "Ghunda-Tax"--At the time of occurrence the accused "J" came at the place with petitioners and others on a Jeep--Accused fired at the deceased with Kalashnikovs while other co-accused with .12 bore guns--They were also attributed firing at the deceased by the prosecution witnesses--Post-mortem report showed that bullet and pallet injuries were present at the person of the deceased--During investigation weapons of offence were recovered from the accused persons--If several armed accused persons came to attack and participate in the occurrence the fact that death was caused by the fire made by one of them only would not entitle the others for grant of bail--Accused persons came at the place of occurrence and fired at the deceased was sufficient to connect them with the alleged offence--Trial Court had not committed any error while refusing bail to the accused persons--Revision petitions were dismissed. [Pp. 34 & 35] A, C & D (ii) Vicarious liability-- ----Where a clear case for vicarious liability is made out the bail would be refused to all the accused persons. Order The above titled revision petitions have been directed against the order of Addl. District Court of Criminal Jurisdiction, Mirpur dated 04.01.2007, whereby the petitioners were refused bail. 2. Brief facts forming background of these revision petitions are that a case under Sections 302/324, 147,148,149, A.P.C was registered against the petitioners at Police Station, Dadyal on the complaint of Raja Shahzad Khan. It was reported that on 21-11-2005 at about 12:15, p.m Sarfraz S/o Shahnawaz, Pervez S/o Raja Rajasab, Afraz S/O Afsar Khan and the complainant were sitting in the courtyard of the residential room of P.C.O of Raja Ghazanfar situated in Siakh near hospital. In the meantime Jahangir Akbar, Naseer Akbar, Asif and Tariq sons of Muhammad Akbar, Jan Shah S/o Asghar Ali Shah, Arshad S/o Sohbat Ali and Kabir S/o Sharif came there in the Jeep of Jahangir Akbar. Jahangir, Naseer, Asif and Tariq were armed with…
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