| Citation(s) |
|---|
| 2017 SLG 2701 2017 SLD 2701 2017 PCRLJ 1180 |
Peshawar High Court
Criminal Misc. Bail Application No. 1338-P of 2016, decision & hearing Dated: 15-07-2016.
YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Sohail Akhtar
Respondent(s) by: Moeenuddin Humayun, A.A.G., Mian Hikmatullah Jan
Criminal Misc. Bail Application No. 1338-P of 2016, decision & hearing Dated: 15-07-2016.
YAHYA AFRIDI, JUSTICE
Petitioner(s) by: Sohail Akhtar
Respondent(s) by: Moeenuddin Humayun, A.A.G., Mian Hikmatullah Jan
MIR DIL KHAN
VS
THE STATE AND ANOTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 34,302,324
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd and common intention---Bail, grant of---Further inquiry---Abscondance of accused for eleven years---Effect---Case of accused if required further inquiry into his/her guilt, concession of bail could not be withheld solely on the ground of his long unexplained absconsion---Accused was allowed bail accordingly. Qamar's case PLD 2012 SC 222; Ehsanullah's case 2012 SCMR 1137; Malik Mukhtar ahmad Awan's case 1991 SCMR 322; Mitho Pitafi's case 2009 SCMR 299; Ibrahim's case 1985 SCMR 382 and Muhammad Sadiq's case PLD 1985 SC 182 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to qatl-i-amd, common intention---Bail, grant of---Further inquiry---Discriminate firing---Recovery of empties---Accused's role, according to FIR was of making lalkara and being one of the four, who fired at the deceased---No one was specifically charged for effective firing---Nature and number of wounds on the deceased and empties recovered from the spot, gave rise to the question that more persons had fired at the deceased---Said factor made the case one of further inquiry and made accused entitled to concession of bail---Bail was allowed accordingly. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-i-amd, attempt to qatl-i-amd, common intention---Bail, grant of---Further inquiry---Age of accused---Effect---Accused was a man of 74 years of age---No specific injury and description of weapon used by him had been attributed to accused---Case of accused therefore was one of further inquiry falling in subsection (2) of S. 497, Cr.P.C.---Accused was allowed bail in circumstances. (d) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, grant of---Further inquiry---Tentative assessment---Bail granting order was confined to tentative assessment made for the purpose of disposal of bail petition---Such order was not intended to influence on the function of the Trial Court while deciding the case on…
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