Case Details

Citation(s)
2015 SLG 986 2015 SLD 986 2015 MLD 1799
Peshawar High Court
Cr. M. No. 73-A of 2015, decided on 23rd February, 2015. Date of hearing: 23rd February, 2015.
QALANDAR ALI KHAN, J
Syed Shah Faisal for Petitioner. Raja Zubair D.A.G. for the State.

JAMILUR-REHMAN

VS

The STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss. 324 & 109---Attempt to commit qatl-i-amd---Bail, refusal of---Accused was nominated in FIR by injured complainant for attempting at his life and lives of worshippers who tried to prevail upon him to abandon hostile attitude towards "Pesh-Imam" of Mosque---Blood and weapon of offence was recovered---Allegation of attempt by accused at complainant was supported by medical report, statements of injured and other eye-witnesses---Alleged reckless act of opening unprovoked indiscriminate firing on other worshippers outside mosque only because of accused's declared aversion against "Pesh-Imam" had amply demonstrated his desperate attitude---Confessional statement of accused that it was he who was attacked by supporters of "Pesh-Imam" outside his house but recovery of blood from outside mosque told a different story---Accused could not be held entitled to concession of bail with such an unruly disposition, with no remorse or repentence as appeared from his confessional statement---Bail application was dismissed, in circumstances. Khan Zada v. The State and another 2012 PCr.LJ 1883; Isfandyar v. The State through Additional Advocate General and another 2012 YLR 2853; Rehan v. The State 2009 SCMR 181; Umar Hayat v. The State and others 2008 SCMR 1621; Faisal Nawaz v. The State and another 2010 PCr.LJ 1644; Mir Muhammad alias Miroo v. The State 2008 YLR 1851 and Shahzeb Khan v. The State and another 2013 PCr.LJ 907 distinguished. JUDGMENT QALANDAR ALI KHAN, J.---Jamil-ur-Rehman, accused/petitioner, is seeking post arrest bail in case FIR No.377 dated 27-9-2014 under Sections 324/109, P.P.C., Police Station Sara-e-Saleh, District Haripur, which was lodged by Mukhtiar Ahmed, complainant/respondent No.2, in the emergency ward of DHQ Hospital, Haripur, to the effect that due to a dispute with "Pesh-Imam", Qari Mehraban, who was leading prayers in Bilal Mosque for the past 20/22 years, the accused/petitioner not only abused "Pesh-Imam" but also other residents of the village present in the mosque after offering "Isha" prayer and also opened fire on them outside the mosque when they tried to…
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