| Citation(s) |
|---|
| 2020 SLG 1554 2020 SLD 1554 2020 SCMR 1436 |
Supreme Court of Pakistan
Criminal Petition No. 691 of 2020, hearing & decision Dated: 03-08-2020 (Against the judgment Dated 3.4.2020 of the Peshawar High Court, Peshawar passed in Cr. M.B.A. No. 446-P of 2020)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Asad Ullah Khan Chamkani, Advocate Supreme Court for Petitioner. Anis M. Shahzad, Advocate Supreme Court and Gul Wali, Inspector/I.O. for the State. Riazat ul Haq, Advocate Supreme Court for the Complainant.
Criminal Petition No. 691 of 2020, hearing & decision Dated: 03-08-2020 (Against the judgment Dated 3.4.2020 of the Peshawar High Court, Peshawar passed in Cr. M.B.A. No. 446-P of 2020)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Asad Ullah Khan Chamkani, Advocate Supreme Court for Petitioner. Anis M. Shahzad, Advocate Supreme Court and Gul Wali, Inspector/I.O. for the State. Riazat ul Haq, Advocate Supreme Court for the Complainant.
SHEHRYAR KHAN
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302(b)
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd---Bail, refusal of---Cross version based upon an injury, sustained by the co-accused, to press into service hypothesis of self defence, was a controversy to be best settled by the Trial Court---Accused party had also suppressed the fatal shot on the deceased in their cross version---Saddled with the responsibility of the fatal shot, accused's absence from law, also stood as an impediment to his release on bail---Given the role attributed to the accused, existence of a cross version, veracity whereof was yet to be settled, by itself would not bring his case within the purview of further probe---Accused was denied bail---Petition for leave to appeal was dismissed and leave was refused. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Shehryar Khan, petitioner, attributed a fatal shot to Sabir-ur-Rehman, deceased, in his mid 60s, at 9:30 a.m. on 13.04.2019, within the remit of Police Station Daduzai Peshawar, in the backdrop of a dispute over immovable property, seeks admission to bail, primarily on the strength of a 'cross version' structured upon a fire arm injury, sustained by Majid Khan, co-accused, no other than his real brother, medically examined under a police docket on the fateful day. Petitioner, after the…
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