| Citation(s) |
|---|
| 2017 SLG 1193 2017 SLD 1193 2017 PLJ 397 |
Peshawar High Court
Crl. Misc. (BA) No. 892-A/2016, decided on 21.12.2016. Date of hearing: 21.12.2016
QAISER RASHID KHAN, J.
Mr. Waqas Raza Khan Swati, Advocate for Petitioners. Mr. Muhammad Naeem Abbasi, AAG for State. Mr. Riaz Ahmad, Advocate for Complainant.
Crl. Misc. (BA) No. 892-A/2016, decided on 21.12.2016. Date of hearing: 21.12.2016
QAISER RASHID KHAN, J.
Mr. Waqas Raza Khan Swati, Advocate for Petitioners. Mr. Muhammad Naeem Abbasi, AAG for State. Mr. Riaz Ahmad, Advocate for Complainant.
Syed YASIR SHAH, etc. ers
VS
STATE --Respondent
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898) ------ ------ ------ S. 497 ------ Pakistan Penal Code, (XLV of 1860), Ss. 302/34 ------ Bail, dismissal of ------ Postmortem report was conducted on 16.09.2016, death of deceased had taken place 3/4 days prior to such examination which by a conservative estimate comes to 12.09.2016 i.e. day when accused-petitioners alongwith his co-accused took deceased from her parents house ------ Still as per FIR, on 14.09.2016 they again went to complainant's house asking for minor with plea that his mother missed him so much, when by then she was already lying murdered in nearby jungle ------ No doubt, occurrence is unwitnessed one but chain of events and circumstances definitely link accused-petitioners alongwith their co-accusedWaqar Shah with commission of offence whereby a young girl was dead body was allowed to decompose till it was recovered on fourth day of occurrence ------ Accused-petitioners, being prima facie involved in commission of offence are held disentitled to concession of bail ------ Petition was dismissed. JUDGMENT Petitioners, Syed Yasir Shah, Syed Bilal Shah and Syed Shamshad Shah seek bail in case FIR No. 387 dated 16.09.2016 registered under Section 302/34, PPC at Police Station Saddar Mansehra with the allegations that they alongwith their co-accused Waqar Shah had committed the murder of Mst. Sofia Gillani, daughter of the complainant. Arguments heard and the available record perused. 2. In the present case, it was the complainant who accompanied by the dead body of his daughter Mst. Sofia Gillani recovered fromBaidra jungle, reported in a manner as to how on 12.09.2016 his son-in-law Waqar Shah, accompanied by his two brothers Syed Yasir Shah andSyed Bilal Shah and their father Syed Shamshad Shah came to his house at 09:00 p.m. to take back his daughter Mst. Sofia Gillani having come aggrieved from her in-laws house, who accompanied them and then on 14.09.2016 Waqar Shah and his father Shamshad Shah again came to…
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