Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Bail, cancellation of---High Court granted bail to accused on the ground that given the joint role of accused and co-accused, it was far from being clear as to whose shot hit the deceased---Held, that totality of circumstances did not admit space to hypothetically absolve the accused from the indivisibility of his role of being in the community of intention with the allegation of active participation in the crime---Both the accused and co-accused remained away from the law---Accused was arrested after almost four years of the incident, while the co-accused was still at large---In the absence of any investigative analysis or conclusion, there was no occasion for the High Court to itself presumptuously extricate the accused from the web, woven by the identity of circumstances jointly hovering upon both the accused and co-accused---Petition for leave to appeal was converted into appeal and allowed, impugned order of High Court was set-aside and post-arrest bail granted to accused was set aside. (b) Constitution of Pakistan--- ----Art. 185(3)---Bail---Abscondment---Though absconsion by itself was not proof of guilt nor insurmountably stood in impediment to release of an offender if otherwise a case for grant of bail was made out, nonetheless, it was a circumstance which could not be invariably ignored without having regard to peculiarity of circumstances in each case as there were situations that possibly entailed consequences. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Impugned herein is order dated 20.05.2020 by a learned Judge-in-Chamber of Peshawar High Court at Bannu Bench, admitting Iqbal Khan respondent, accused in a case of homicide, to post arrest bail; according to the prosecution, he, on the fateful day, alongwith his brother Ayub Khan, armed with Kalashnikovs, fatally targeted Fazal Rehman, deceased, in the backdrop of an ongoing blood feud; witnesses survived the assault unscathed. Autopsy confirmed solitary fire shot in the left eye with corresponding exit. During spot inspection, the Investigating Officer secured 30 casings of Kalashnikov. The…

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