| Citation(s) |
|---|
| 2020 SLG 1576 2020 SLD 1576 2020 SCMR 1685 |
Supreme Court of Pakistan
Criminal Petition No. 658 of 2020, hearing & decision Dated: 25-07-2020 (Against the judgment Dated 16.04.2020 passed by the Peshawar High Court, Peshawar in Cr. M. B.A. No. 815-P of 2020)
MUSHIR ALAM AND QAZI MUHAMMAD AMIN AHMED, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners. Anis Muhammad Shahazad, Advocate Supreme Court (State counsel KP) along with Anwar Khan, SI/I.O. for the State. Abdul Ahad Khan, Advocate
Criminal Petition No. 658 of 2020, hearing & decision Dated: 25-07-2020 (Against the judgment Dated 16.04.2020 passed by the Peshawar High Court, Peshawar in Cr. M. B.A. No. 815-P of 2020)
MUSHIR ALAM AND QAZI MUHAMMAD AMIN AHMED, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners. Anis Muhammad Shahazad, Advocate Supreme Court (State counsel KP) along with Anwar Khan, SI/I.O. for the State. Abdul Ahad Khan, Advocate
TAHIR ZEB AND OTHERS
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302(b),34
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Deceased was run over by a vehicle allegedly being driven by the co-accused---Accused was alleged to have been sitting on the front seat besides the co-accused---Situation cropped up all of a sudden resulting into injuries to the deceased---Culpability of accused for being in the community of intention on account of his presence on the next seat to the co-accused was an issue that in the facts and circumstances of the case could be best settled after recording of evidence---Unconventional mode adopted by the co-accused to take the life of the deceased and suddenness of the incident squarely brought case of accused within the remit of further probe---Accused was allowed bail---Petition for leave to appeal was converted into appeal and allowed to the extent of accused. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Learned counsel for the petitioner does not press this petition to the extent of Tahir Zaib, petitioner, to his extent, it stands dismissed. 2. It is alleged that on the fateful day i.e. 21.12.2019 at about…
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