| Citation(s) |
|---|
| 2016 SLG 3658 2016 SLD 3658 2016 MLD 1672 |
Peshawar High Court
ASSADULLAH KHAN CHAMKANI, JUSTICE
Abdul Halim Khattak for Petitioner. Babar Shahzad Imran for the Complainant.
ASSADULLAH KHAN CHAMKANI, JUSTICE
Abdul Halim Khattak for Petitioner. Babar Shahzad Imran for the Complainant.
WAJAHAT - ER
VS
THE STATE - --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898)--- --------S. 497(2) --------- Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, grant of---Further inquiry---None was charged in initial report written by Police Officer---Dead body of the deceased remained un-identified till his post-mortem and trial---Father of the deceased, charged accused and co-accused for murder---None had come forward to furnish ocular account of the incident---Father of the deceased, was also not the eye-witness of the occurrence---Accused had not confessed his guilt before the competent court of law---Mere recovery of weapon of offence i.e. stone, without being stained with blood and a pair of chappal, without being identified, in absence of direct or circumstantial evidence, would not be sufficient to reasonably connect accused with the commission of offence; rather evidentiary value of those pieces of evidence, was yet to be determined during trial, in the light of other circumstances and evidence---Case of accused requiring further probe, accused was entitled to concession of bail---Accused was admitted to bail, in circumstances. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:-------------- Petitioner Wajahat, seeks bail in case FIR No.509 dated 28.06.2015, registered under section 302, P.P.C., in Police Station MRS, Kohat, wherein he along with absconding co-accused Sajid Naseeb and Khamshed is charged for committing the Qatl-e-Amd of deceased Mohib Khan with sharp object. 2. Arguments heard and record gone through. 3. None is charged in initial report written down by Qabil Khan ASI, who on receipt of information qua murder of a person in the fields of Military Dheri form Dhoda road, rushed there, found a human dead body and shifted it to the hospital for postmortem examination. The dead body of the deceased remained un-identified till his post-mortem and burial. Later on, Sikandar Khan father of the deceased on getting information about the factum of…
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