| Citation(s) |
|---|
| 2018 SLG 1825 2018 SLD 1825 2018 MLD 1319 |
Peshawar High Court
Cr. Misc.(B.A.) No. 315-M of 2017, decided & hearing on 09-08-2017.
MOHAMMAD IBRAHIM KHAN, JUSTICE
Syed Abdul Haq for Petitioner. Rafiq Ahmad, Astt: Advocate General. Rashid Ali Khan and Aziz Ahmad Hashmi for
Respondents.
Cr. Misc.(B.A.) No. 315-M of 2017, decided & hearing on 09-08-2017.
MOHAMMAD IBRAHIM KHAN, JUSTICE
Syed Abdul Haq for Petitioner. Rafiq Ahmad, Astt: Advocate General. Rashid Ali Khan and Aziz Ahmad Hashmi for
Respondents.
UMAR ZEB
VS
THE STATE AND ANOTHER
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 200 & 201---Qatl-i-amd, using as true such declaration knowing to be false---Causing disappearance of evidence of offence---Partial compromise---All the legal heirs of deceased had not pardoned accused---Effect---Bail, refusal of---No one was named as to who had caused the murder of the deceased, but upon implication of accused by his own mother, accused had recorded his confessional statement before the court of Judicial Magistrate---Said confessional statement coupled with the recovery of crime weapon on his pointation; led to an inference that accused was a cunning person by nature who could be charged for causing disappearance of evidence to screen himself from legal punishment---When all the legal heirs, had not forgiven accused, benefit of partial compromise, could not be extended to the accused at bail stage---Ample evidence being available in the shape of confession and recovery of weapon of offence, accused could not be released of bail. Uz-Zaman, J. Mst. Zubaida Khanum v. Muhammad Irshad Hussain and 2 others 1999 YLR 1877; Mst. Zaheera Bibi v. The State and another 2012 MLD 480 and Ameer Qabal v. State of AJ&K 2014 YLR 1771 ref. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, J.--- Accused-Petitioner Umar Zeb looking for his post arrest bail in case FIR No.392, dated 06.04.2017 charged under sections 302, 200, 201, P.P.C. registered at Police Station Khal District Dir Lower. 2. Earlier, B.A. No. 88/IV of 2017 titled as "Umar Zeb v. The State etc." was disposed of in terms of its dismissal by the Court of learned Additional Sessions Judge/Izafi Zila Qazi Chakdara Dir Lower Camp Court at Timergara announced on 22.06.2017. 3. There is a similar relief for the grant of bail in Cr.M B.A. No. 315-M of 2017 preferred by Umar Zeb accused/Petitioner, after hearing learned counsel for the Petitioner, learned counsel for brother of the deceased Bahader Zeb and learned A.A.G for the State, record with their valuable assistance gone through. 4. The Petitioner being complainant was present in his house with the corpus of his brother Mahmood Zeb lying on the cot,…
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