Law: Pakistan Penal Code, 1860

Section: 302/324/34

Keywords: Result: Bail Granted YAHYA AFRIDI,J.- Mir Dil Khan son of Moeen Khan, accused-petitioner, seeks his post arrest bail in case FIR No.251 dated 10.4.2005, for offences chargeable under Sections 302/324/34 of Pakistan Penal Code 1860, ("PPC"), registered in Police Station, Doaba, District Hangu, ("FIR"). 2. Learned counsel for the petitioner contended that the accused-petitioner, as per CNIC, is aged about 74 years; that the accused-petitioner alongwith three other co-accused were charged in FIR, and co-accused Samiullah after facing trial has been acquitted by this Court, vide order dated 19.1.2012; that the accused-petitioner has been attributed the role of 'Lalkara' and firing with no specific injury or description of weapon has been attributed to him; that there are no reasonable grounds to connect the accused-petitioner with the commission of the crime, hence a case for further inquiry is made out. Learned counsel for the petitioner placed reliance on Qamar's case (PLD 2012 S.C.222), Ehsanullah's case (2012 SCMR 1137), Ikram-ul-Haq's case (2012 SCMR 1273), Chairman NAB's case (2016 SCMR 676), Malik Mukhtar Ahmad Awan's case (1991 SCMR 322), Mitho Pitafi's case (2009 SCMR 299), Mukhtiar's case(2013 YLR 42), un-reported judgments in Cr.Misc.No.1394-P/2016, Cr.Misc.No.849/2004, Cr.Misc.No.181/1999, and Cr.Misc.No.1033 of 2002. 3. Learned Additional Advocate General assisted by learned counsel for the complainant vehemently opposed the bail petition by contending that the accused-petitioner has been directly charged in the FIR, coupled with his long noticeable and un-explained abscondance of eleven years, a prima facie case exists against the accused-petitioner and he is not entitled to the concession of bail. Learned counsel for the complainant placed reliance on Said Muhammad's case(2014 MLD 437),Ibrahim's case (1985 SCMR 382), Muhammad Sadiq's case (PLD 1985 S.C. 182), Sardar's case (PLD 1979 Peshawar 16), Zafar Hussain's case (2014 SCMR 1591), Lal Zameen's case(2010 YLR 1496), Painda Khan's case (2014 MLD 14), Nowshad Khan's case(2009 YLR 2123),and Gul Babrai Khan's case(2010 P Cr. L. J 1330). 4. Valuable arguments of the learned counsel for the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492