| Citation(s) |
|---|
| 2016 SLG 1858 2016 SLD 1858 2016 PHC |
Peshawar High Court
Cr.M.BA. No. 314-M of 2016, 23/8/2016
MUHAMMAD YOUNIS THAHEEM, J
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Cr.M.BA. No. 314-M of 2016, 23/8/2016
MUHAMMAD YOUNIS THAHEEM, J
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Salim Malik & 1 Another
VS
The State & 1 Another
Law:
Section:
Keywords: Result: Petition Dismissed MUHAMMAD YOUNIS THAHEEM, J.- Petitioners seek bail in case FIR No. 335 dated 06.7.2016, under sections 302, 324, 34 PPC, registered at Police Station Warai, District Dir Upper, as the concession of bail was refused to them by the learned lower Court vide its order dated 23.7.2016. 2. As per contents of the F.I.R, the allegation against accused/petitioners is that they in furtherance of their common intention committed the murder of one Zia-ur-Rahman, paternal cousin of the complainant. 3. Arguments heard and record perused. 4. Perusal of the record reveals that the accused/petitioners are directly charged in the promptly lodged F.I.R by the complainant for making an attempt on the lives of the complainant-party. The version of prosecution is supported by statements of the eyewitnesses, medical evidence, motive, which is stated to be dispute over the water and recoveries of empties from point 3 4 were effected from the spot. The point 3 shows the presence of accused Saleem Malik, petitioner No. 1, while point 4 is the place where petitioner No. 2 has been shown. Moreover, though the effective role of firing upon the deceased has been assigned to co-accused Amjad Ali, but the present accused/petitioners actively participated in the commission of offence, as…
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