| Citation(s) |
|---|
| 2020 SLG 2112 2020 SLD 2112 2020 SCMR 1814 |
Supreme Court of Pakistan
Criminal Petition No. 640 of 2020, decision & hearing Date : 30-07-2020 (Against order Dated 5.6.2020 passed by the Peshawar High Court Peshawar in Cr. Misc. (B.A.) No. 1446-P/2020)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Hussain Ali, Advocate Supreme Court for Petitioner. Ms. Aisha Tasneem, Advocate Supreme Court with Siraj, I.O. for the State.
Criminal Petition No. 640 of 2020, decision & hearing Date : 30-07-2020 (Against order Dated 5.6.2020 passed by the Peshawar High Court Peshawar in Cr. Misc. (B.A.) No. 1446-P/2020)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Hussain Ali, Advocate Supreme Court for Petitioner. Ms. Aisha Tasneem, Advocate Supreme Court with Siraj, I.O. for the State.
KAMRAN
VS
KAMRAN MALIK AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302(b),109
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b) & 109---Qatl-i-amd, abetment---Bail, grant of---Further inquiry---Son instigating his father to commit murder---Act contrary to tradition---Accused was statedly present with other family members outside his home where the deceased persons had come to lodge complaint for a previous incident---According to the prosecution's own showing the accused was not attributed any harm to the deceased persons, and he allegedly instigated his father (the co-accused) to murder the deceased persons---Question as to whether, instead of taking the deadly initiative himself, the accused preferred to persuade his father for the misadventure, a role, contrary to the traditions, brought the accusation within the ambit of S. 497(2), Cr.P.C., and, would be best settled after recording of evidence---Accused could not be kept behind bars merely as a measure of punishment---Investigation being complete, continuous detention of accused was not likely to serve any useful purpose beneficial to the prosecution---Petition for leave to appeal was converted into appeal and allowed, and accused was released on bail. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Waseem Aslam, Waqas Aslam and Siddique Aslam, real brothers inter se, were shot dead at 8:30 p.m. on 14.1.2020 within the precincts of Police Station Bhana-Marri Peshawar; Kamran Malik, complainant survived the assault unscathed. Muhammad Ishaq, co-accused, is assigned fatal shots in the deadly assault while the petitioner, no other than his son, is blamed to have exhorted him to take on the deceased. A previous brawl is cited as motive for the crime. 2. Heard. Record perused. 3. Awful magnitude of violence and resultant loss of life…
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