| Citation(s) |
|---|
| 2017 SLG 449 2017 SLD 449 2017 SCMR 325 |
Supreme Court of Pakistan
Crl. Petition No. 790-L of 2016, decided on 22nd August, 2016.
MIAN SAQIB NISAR, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
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Crl. Petition No. 790-L of 2016, decided on 22nd August, 2016.
MIAN SAQIB NISAR, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
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SOHAIL WAQAR ALIAS SOHAILA ER
VS
THE STATE AND OTHERS --RespondentS
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Pakistan Penal Code, 1860
Section: 302,109,148,149
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 109, 148 & 149---Qatl-i-amd, abetment, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Case of double murder---Accused had been specifically nominated in the FIR and specific role of firing at one of the deceased had been attributed to him---Police had found the accused guilty during the investigation---Accused remained fugitive from law for a considerable period of time---Deeper appreciation of evidence was not desirable at the bail stage, thus it was for the Trial Court to make a determination on the conflict between the ocular account and the medical evidence pointed out by the complainant---Offence alleged fell within the prohibitory clause of S. 497, Cr.P.C., which disentitled the accused for grant of bail---Bail was refused accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Petitioner seeks bail after arrest in case FIR No.150 of 2013 dated 04.05.2013, offences under sections 302, 109, 148, 149, P.P.C., registered at Police Station Housing Colony, District Sheikhupura. 2. It is a case of double murder wherein two persons namely Mubashar Bhatti (husband of complainant) and Hafiz Muzammal (brother of complainant) lost their lives. Precise allegation against petitioner, as per the FIR, is that he along with Hafiz Liaqat and Muhammad Amin alias Bhola, co-accused, fired at Mubashar Bhatti…
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