| Citation(s) |
|---|
| 2021 SLG 2220 2021 SLD 2220 2021 PLJ 190 |
Supreme Court of Pakistan
Crl. P. No. 96-P of 2020, decided on 19.11.2020, Date of hearing: 19.11.2020. (On appeal against the judgment dated 20-07-2020 passed by the Peshawar High Court, Peshawar, in Criminal Misc. (B.A.) No. 1849-P of 2020)
MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Mr. Ghulam Mohy-ud-Din Malik, ASC for Petitioners. Mr. Zakir Hayat, ASC along with
Respondent No. 1 for
Respondents. Mr. Arshad Hussain Yousafzai, ASC for State.
Crl. P. No. 96-P of 2020, decided on 19.11.2020, Date of hearing: 19.11.2020. (On appeal against the judgment dated 20-07-2020 passed by the Peshawar High Court, Peshawar, in Criminal Misc. (B.A.) No. 1849-P of 2020)
MUSHIR ALAM, JUSTICE, SARDAR TARIQ MASOOD, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Mr. Ghulam Mohy-ud-Din Malik, ASC for Petitioners. Mr. Zakir Hayat, ASC along with
Respondent No. 1 for
Respondents. Mr. Arshad Hussain Yousafzai, ASC for State.
MST. ASIA QASEEM AND OTHERS
VS
ALAMZEB AND ANOTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Pakistan Penal Code, 1860
Section: 302/148/149
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(5)--Pakistan Penal Code, (XLV of 1860), Ss. 302/148/149--Cancellation of post arrest bail--Police officials reached at spot and apprehended accused persons while armed with different weapons and also found three dead bodies there--Report of FSL reveals that some of empties recovered from spot, were found to have been fired from weapon recovered from respondents--Statement of petitioner u/S. 164, Cr.P.C. is concerned, she had not exonerated respondents--Grounds on which bail was granted to respondent was not borne out from record--Bail granting order is perverse and is hereby cancelled. ORDER Sardar Tariq Masood, J.- The legal heirs of the deceased persons filed this petition against the impugned judgment of the Peshawar High Court, Peshawar through which post-arrest bail was granted to Respondent No. 1 Alamzeb vide judgment dated 20.07.2020 in case FIR No. 411 dated 10.5.2020 registered under Sections 302/148/149 of the Pakistan Penal Code (P.P.C.) read with Section 15AA at Police Station MPS Sadar, Mardan. 2. The brief facts of the case are that police officials on hearing the reports of fire shots rushed to the spot and found the Respondent No. 1, Faiz Ali Shah, Rahim Ullah and Inam Ullah while armed with different weapons and also found three dead-bodies of Murtaza Khan, Muhammad Qaseem and Yaseen. All the four accused were apprehended then and there whereas two of them were succeeded in running away. 3. After hearing the learned counsel for the parties and having gone through the impugned judgment we found that mainly three grounds prevailed the learned Judge of the Peshawar High Court while granting the bail. Firstly, the learned Judge observed that six persons were charged for commission of offence but the deceased have only two entry wounds which is factually incorrect as deceased persons received more than two injuries which commensurate with the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492