| Citation(s) |
|---|
| 2016 SLG 2408 2016 SLD 2408 2016 SCMR 1529 |
Supreme Court of Bangladesh
Criminal Petition No. 42-L of 2016, decided on 3rd February, 2016. Date of hearing: 3rd February, 2016. (Against the order Dated 23-11-2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 12817-B of 2015)
ASIF SAEED KHAN KHOSA, JUSTICE AND MANZOOR AHMAD MALIK, JUSTICE
Mushtaq Ahmad Mohal, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Asjad Javed Ghural, Additional Prosecutor-General, Punjab for the State.
Criminal Petition No. 42-L of 2016, decided on 3rd February, 2016. Date of hearing: 3rd February, 2016. (Against the order Dated 23-11-2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No. 12817-B of 2015)
ASIF SAEED KHAN KHOSA, JUSTICE AND MANZOOR AHMAD MALIK, JUSTICE
Mushtaq Ahmad Mohal, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner. Asjad Javed Ghural, Additional Prosecutor-General, Punjab for the State.
MOHSIN ALI
VS
THE STATE AND OTHERS
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, refusal of---Occurrence had been reported to the police quite promptly and accused had specifically been nominated in the FIR as one of the perpetrators of the alleged murder and he was attributed two firearm injuries to the deceased---One of the injuries attributed to the accused on the back of the deceased's neck was fully confirmed by the post-mortem examination report--- Eye-witnesses mentioned in the FIR stood by their statements made before the police fully implicating the accused for the murder---Offence under S.302, P.P.C. attracted the prohibitory clause contained in subsection (1) of S. 497, Cr.P.C.---Investigating agency had opined in its report that the accused was guilty only of providing behind-the-scene abetment to his co-accused and was not present at the scene of the crime but record of investigation showed that said opinion was not based upon sound material--- Prima facie, reasonable grounds existed to believe accused's involvement in the alleged offence---Bail was refused accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:----------------- Criminal Miscellaneous Application No. 18-L of 2016 For the reasons mentioned in this miscellaneous application the same is allowed and the delay in filing of Criminal Petition No.42-L of 2016 is condoned. Disposed of. Criminal Petition No. 42-L of 2016 2. After hearing the learned counsel for the parties and going through the record we have observed that the occurrence in this case had been reported to the police quite promptly and in the FIR Mohsin Ali petitioner had specifically been nominated as one of the perpetrators of the alleged murder and he was attributed two firearm injuries to the deceased, one hitting on the back of the neck of Muhammad Ikram deceased and the other hitting the left cheek of the deceased. It…
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