Case Details

Citation(s)
2016 SLG 2656 2016 SLD 2656 2016 PCRLJ 156
Islamabad High Court
Criminal Misc. No. 387-B of 2015, decided on 1st October, 2015.
NOOR-UL-HAQ N. QURESHI, JUSTICE
Choudhry Abdul Aziz for Petitioner. Raja Rizwan Abbasi and Malik Nasir Abbas for the Complainant.

GHIYAS UD DIN ALIAS MOON - ER

VS

THE STATE AND ANOTHER - --Respondent

Law:

Section:

(a) Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss. 302, 324, 148, 149, 337-A(i), 337-A(ii), 337-F(i), 337-F(v) & 337-D --------- Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, shajjah-i-khafifah, shajjah-i-mudihah, ghayr-jaifah-badi'ah, ghayr-jaifah-hashimah --------- Bail, refusal of --------- FIR was lodged with a delay of (only) eight hours --------- Name of accused was disclosed by deceased himself before his death when his statement under S. 161, Cr.P.C. was recorded with permission of doctor --------- Deceased specifically nominated accused with active role of causing injuries --------- Accused was refused bail in circumstances. (b) Criminal Procedure Code (V of 1898) --------- ----------Ss. 156 & 497 --------- Bail --------- Lapses by Investigation Officer in the prosecution case --------- Benefit of such lapses could not be extended to accused. (c) Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Bail --------- Grounds --------- Case of cross version FIRs --------- Cross version by itself was no ground for bail. 2005 SCMR 1402 rel. (d) Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Bail --------- Appreciation of evidence --------- Arguments by counsel of accused requiring deeper appreciation of evidence --------- Such arguments could not be considered at bail stage. THIS ORDER PASSED BY: NOOR-UL-HAQ N. QURESHI, JUSTICE:---------- Through this Criminal Misc. the petitioner seeks post arrest bail in case FIR No. 140 dated 23.05.2014, registered under sections 302/324/148/149/337-F(v)/ 337-F(ii)/337-D(C)/337-A(ii)/337-A(i), P.P.C., at Police Station Golra Sharif, Islamabad. 2. Brief facts of the case as narrated in the FIR are that on 22.05.2014 at about 08:00 pm, the petitioner along with other co-accused came to the house of complainant Asif Khan. Rab Nawaz co-accused knocked at the door and raised Lalkara. When complainant along with Shahzad Khan, Nazakat Khan and Saeed Khan came out, Umar Khan fired at him with .30 bore pistol which hit on his left thigh, resultantly, he fell down. The fire…
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