| Citation(s) |
|---|
| 2021 SLG 583 2021 SLD 583 2021 SCMR 301 |
Supreme Court of Pakistan
Criminal Petition No. 1210 of 2020, decided on 9th December, 2020, Date of hearing: 9th December, 2020. (Against the order Dated 25.09.2020 passed by the Peshawar High Court in Cr. Misc. (B.A.) No. 2881-P of 2020)
MAQBOOL BAQAR, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Asad Ullah Khan Chamkani, Advocate Supreme Court
Respondent(s) by: Zahid Yousaf Qureshi, Additional Advocate General, Khyber Pakhtunkhwa with M. Aslam, SI
Criminal Petition No. 1210 of 2020, decided on 9th December, 2020, Date of hearing: 9th December, 2020. (Against the order Dated 25.09.2020 passed by the Peshawar High Court in Cr. Misc. (B.A.) No. 2881-P of 2020)
MAQBOOL BAQAR, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Asad Ullah Khan Chamkani, Advocate Supreme Court
Respondent(s) by: Zahid Yousaf Qureshi, Additional Advocate General, Khyber Pakhtunkhwa with M. Aslam, SI
LAL MARJAN AND ANOTHER
VS
ISLAM GUL AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 302,324
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 324---Qatl-i-amd, attempt to commit qatl-i-amd---Bail, grant of---Further inquiry---Accused persons were arrayed as culprits in the case on basis of supplementary statement of complainant made more than a week after the incident---Prosecutions own case was that the assailants emerged at the spot all of a sudden and had concealed their faces with masks---Nineteen (19) casings of 7.66 calibre secured from the spot suggested use of an automatic weapon, indicating suddenness of the incident---Failure of investigating officer to recover the weapon or motorbike used during the occurrence left the fate of the prosecution case to be essentially decided on the basis of supplementary statement of complainant, evidentiary value whereof, was to be best assessed after recording of evidence---Case of accused persons release on bail within the contemplation of S. 497(2), Cr.P.C. was made out---Petition for leave to appeal was converted into appeal and allowed and accused persons were released on bail.. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Two masked pillion riders surprised the complainant and the witnesses with sudden indiscriminate firing at 5:45 p.m. on 28.7.2020 within the remits of Police Station Barra District Khyber; from amongst the injured, Safeer subsequently succumbed to the injuries. As the investigation progressed, the…
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