Case Details

Citation(s)
2020 SLG 1520 2020 SLD 1520 2020 SCMR 1205
Supreme Court of Pakistan
Criminal Petition No. 527 of 2020, hearing & decision Dated: 01-07-2020. (Against the order Dated 28.4.2020 passed by the High Court of Balochistan, Quetta in Crl. B. A.T. No. 40 of 2020)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Liaquat Ali Khan Tareen, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Syed Baqar Shah, Advocate Supreme Court for the State.

NOOR BAKHSH

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 316

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 316---Qatl shibh-i-amd---Bail, refusal of---Accused fired at the deceased on his spinal cord resulting in an injury---Said fire shot injury resulted in death of deceased, albeit after a lapse of almost six years---Accused stayed away from law for a period exceeding half a decade---Being a fugitive from law, that too for a pretty long period of time, accused had disentitled himself from the concessions, ordinarily extended by discretion to an offender---While it was for the Trial Court to determine the cause of death and consequences thereof, the case initially set up in the crime report, supported by the statements of the witnesses and medical evidence constituted 'reasonable grounds' within the contemplation of S. 497, Cr.P.C.---Petition for leave to appeal was dismissed and accused was denied bail. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Noor Bukhsh, petitioner herein, seeks admission to post arrest bail; he had allegedly shot one Abdul Qayyum, way back on 29.9.2013 within the remit of Police Station Gawadar on his opposition over an unauthorized gasoline outlet, managed by him in the neighbourhood; fire shot injury on the spinal cord finally resulted into the death, though after lapse of almost six years. Section 324 of the Pakistan Penal Code,…
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