Case Details

Citation(s)
2020 SLG 2128 2020 SLD 2128 2020 SCMR 1970
Supreme Court of Pakistan
Criminal Petitions Nos. 201 and 656 of 2020, decision Dated: 29-07-2020, hearing Date : 29-07-2020. (Against the judgment Dated 20.12.2019 passed by Peshawar High Court, Bannu Bench in Cr. M.B.A. No. 416-B of 2019 and Cr. Misc. B.A. No. 25-B of 2020)
MUSHIR ALAM, JUSTICE QAZI FAEZ ISA, JUSTICE
Muhammad Shahzad Siddique, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in both cases). Arshad Hussain Yousafzai, Advocate Supreme Court along with Ahmed Janan, SI for the State.

OBIDULLAH AND ANOTHERS

VS

THE STATE THROUGH A.G. KHYBER PAKHTUNKHWA AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 302(b)---Constitution of Pakistan, Art. 185(3)--- Qatl-i-amd---Petition for cancellation of bail, dismissal of---Allegation against the accused-female was that she had illicit relationship with the co-accused and facilitated him in murdering her husband---High Court, while granting bail to accused, had considered that she did not make any concessions in her statement recorded under S. 164, Cr.P.C., but merely stated that the accused persons were interested in her---Mere interest of the accused would not be enough to reflect her being of easy virtue---Evidence as to the recovery of cell number in her use and possession was not of much help---Such tentative conclusions called for further inquiry into the guilt of accused, and if, at all, prosecution was able to establish otherwise, the accused may be convicted during her trial---Petition for leave to appeal seeking cancellation of bail granted to accused was dismissed. ORDER MUSHIR ALAM, JUSTICE:---.--- Both Petitioners seeks cancellation of bail of Shoaib Ahmed, Respondent No.2 (in Crl. P No.201/2020), and Mst. Raheela Parveen (widow of deceased Muhammad Asif) Respondent No.2, (in Crl. P. No.656/2020) who were extended bail by the learned trial Court. The allegation against the present accused is of carrying the main accused to the house of the deceased. It was ruled that and the High Court also took note of the fact that the accused surrendered before the learned trial Court just after his nomination in the crime, though he was not named in the FIR. The case was considered for further inquiry. 2. Learned counsel for the Petitioner, who is the father of the deceased, seeks cancellation of the bail on the ground that there is explicit…
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