| Citation(s) |
|---|
| 2021 SLG 2626 2021 SLD 2626 2021 SCMR 1476 |
Supreme Court of Pakistan
Criminal Petition No. 61-P of 2015, decided on 17th September, 2018, Date of hearing: 17th September, 2018. (Against the judgment dated 16.03.2015 of the Peshawar High Court, Peshawar passed in Crl. Misc. B.A. No. 346-P of 2015)
QAZI FAEZ ISA, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE, YAHYA AFRIDI, JUSTICE
Altaf Samad, Advocate Supreme Court and M. Ajmal Khan, Advocate-on-Record for Petitioner. Mujahid Ali Khan, Additional A.G., Khyber Pakhtunkhwa for the State. Arshad Jamal Qureshi, Advocate Supreme Court along with Azhar Ali for
Respondent No. 1.
Criminal Petition No. 61-P of 2015, decided on 17th September, 2018, Date of hearing: 17th September, 2018. (Against the judgment dated 16.03.2015 of the Peshawar High Court, Peshawar passed in Crl. Misc. B.A. No. 346-P of 2015)
QAZI FAEZ ISA, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE, YAHYA AFRIDI, JUSTICE
Altaf Samad, Advocate Supreme Court and M. Ajmal Khan, Advocate-on-Record for Petitioner. Mujahid Ali Khan, Additional A.G., Khyber Pakhtunkhwa for the State. Arshad Jamal Qureshi, Advocate Supreme Court along with Azhar Ali for
Respondent No. 1.
MASVEER AHMED ALIAS AZIZ AHMED
VS
AZHAR ALI AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Constitution of Pakistan, 1973
Section: 185(5)
Law: Penal Code (XLV of 1860)
Section: 324,34
Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 324 34---Attempt to commit qatl-i-amd, common intention---Petition for cancellation of bail, dismissal of ---Contentions on behalf of accused-respondent that he had been on bail for over three years and despite submission of challan about 2 years and 10 months ago the charge had still not been framed; that the delay in the commencement and conclusion of the trial had not been attributed to the accused or the co-accused, and both of them had not abused the concession of bail in any manner; that the objective of the present petition for cancellation of bail, was to pressurize the accused and his family to compromise a criminal case in which the accuseds father was murdered and wherein the father of the petitioner had been nominated as a culprit, and who had remained an absconder therein; that the petitioner too had become an absconder in another criminal case; that the co-accused also secured bail and the application for cancellation of his bail submitted before the High Court was dismissed in default and no step was taken to resurrect the application nor had the said dismissal order been assailed before the Supreme Court---Validity---In the peculiar facts and circumstances of the case, it would not be appropriate for the Supreme Court to interfere with the discretion exercised by the High Court (in granting bail to the accused) particularly as the accused had remained on bail for over three and a half years and it was not alleged that he has been responsible for the delay or misused the concession of bail in any manner---Petition for leave to appeal seeking cancellation of bail granted to accused was dismissed and leave was refused. ORDER QAZI FAEZ ISA, J. Through this petition, petitioner seeks cancellation of bail granted to respondent No. 1 by the Peshawar High Court, Peshawar vide judgment dated 16th March, 2015 in case FIR No.567 dated 1st August, 2014 registered for offences under sections 324 and 34 of the Pakistan Penal Code at Police Station .Khazana, District Peshawar. 2. The learned counsel for the petitioner states that three…
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