| Citation(s) |
|---|
| 2020 SLG 1514 2020 SLD 1514 2020 SCMR 1182 |
Supreme Court of Pakistan
Criminal Petition No. 28 of 2018, hearing & decision Dated: 12-03-2018 (Against the judgment of the Peshawar High Court, Peshawar Dated 20.11.2017 passed in Crl. M/Bail No. 2375/P of 2017)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE
Iltaf Samad, Advocate Supreme Court for Petitioner. Zahid Yousaf Qureshi, Additional AG Khyber Pakhtunkhwa and Fazal Akbar, SI for the State.
Criminal Petition No. 28 of 2018, hearing & decision Dated: 12-03-2018 (Against the judgment of the Peshawar High Court, Peshawar Dated 20.11.2017 passed in Crl. M/Bail No. 2375/P of 2017)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE
Iltaf Samad, Advocate Supreme Court for Petitioner. Zahid Yousaf Qureshi, Additional AG Khyber Pakhtunkhwa and Fazal Akbar, SI for the State.
YASEEN
VS
THE STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
Section: 15
Law: Pakistan Penal Code, 1860
Section: 148,149,216,324,353
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324, 353, 148, 149 & 216---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Firing upon police and army personnel---Bail, refusal of---Accused was apprehended from the spot and a pistol was recovered from his possession---Report of Forensic Science Laboratory (FSL) qua the weapon allegedly recovered from possession of accused and the empties recovered from the spot was in the positive---Offence alleged against the accused fell within the prohibitory clause of S. 497, Cr.P.C.---Accused was not entitled to concession of bail---Petition for leave to appeal was dismissed and leave was refused. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Criminal M.A. No. 55 of 2018: For reasons mentioned in the application, the same is allowed and delay in filing the criminal petition is condoned. 2. Impugned herein is the order dated 20.11.2017 whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No. 924 dated 24.09.2017, offence under sections 324, 353, 216, 148, 149, P.P.C. read with section 15 of the Arms Act, 2013, registered at P.S. Khazana, District Peshawar. 3. Prosecution case against the petitioner, as per FIR, is that on the fateful day and time, he along with his co-accused,…
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