Case Details

Citation(s)
2017 SLG 2329 2017 SLD 2329 2017 MLD 825
Peshawar High Court
Cr. Misc. (B.A.) No. 892-A of 2016, decided & hearing on 21-12-2016.
QAISER RASHID KHAN, JUSTICE
Waqas Raza Khan Swati for Petitioners. Muhammad Naeem Abbasi, A.A.G. for the State Riaz Ahmad for the Complainant.

SYED YASIR SHAH AND OTHERS

VS

THE STATE AND ANOTHER

Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, refusal of---Complainant had alleged that his son-in-law, along with his two brothers and father had committed murder of his daughter---No doubt, occurrence was un-witnessed but the chain of events and circumstances linked the accused persons and co-accused with the commission of the offence, whereby a young girl was done to death in a brutal and gruesome manner and her dead body was allowed to decompose till it was recovered---Accused persons, being prima facie involved in the commission of offence, were disentitled to the concession of bail---Bail was refused in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail matter was tentative in nature and trial court would not prejudice while deciding case on merit. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, JUSTICE:---.--- 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, P.P.C. at Police Station Saddar Mansehra with the allegations that they along with 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 from Baidra 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 and Syed Bilal Shah and their father Syed Shamshad Shah came to his house at 9.00 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 his house with the plea that Mst. Sofia Gillani…
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