Case Details

Citation(s)
2021 SLG 186 2021 SLD 186 2021 MLD 202
Peshawar High Court
Criminal Miscellaneous Bail Petition No. 167-D of 2020, decision Dated: 29th May, 2020, hearing Date : 29th May, 2020.
SAHIBZADA ASADULLAH, JUSTICE
Saif ur Rehman Khan for Petitioners. Muhammad Waheed Anjum for the Complainant.

MUHAMMAD ASHRAF AND ANOTHERS

VS

THE STATE AND OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Absconsion---Scope---Accused persons were alleged to have murdered the deceased and attempted at the life of complainant and eye-witnesses---Accused persons were directly charged for commission of the offence---Incident had occurred in the broad daylight, so no question of mistaken or false implication arose inasmuch as the parties were known to each other---Two empties were recovered from the spot by Investigating Officer and a rifle thrown by accused while decamping from the spot were sent to Forensic Laboratory, where it was opined that the same were fired from the said rifle---No evidence was available on the file which could suggest that on the day of occurrence, the accused persons were away from their village in connection with earning their livelihood---Acquittal of co-accused did not benefit the accused persons for the reason that evidence collected by the investigating agency against the accused persons was yet to be analyzed by the Trial Court---No explanation was available on record to justify the absconsion of more than one and a half years of the accused persons---Petition for grant of bail was dismissed, in circumstances. Akbar Said v. Moambar and another 2017 Cr.L.J. Note 137 ref. Habibullah v. Qadir Khan and 2 others 2018 PCr.LJ 481 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Absconsion---Scope---Fugitive from law loses some of the normal rights granted by the procedural and substantive law and noticeable absconsion disentitles the absconder to the concession of bail notwithstanding merits of the case. Awal Khan and others v. The State PLD 1985 SC 402 and Raza Khan v. State 2013 MLD 810 ref. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:---.--- Being booked in case FIR No.424 dated 13.11.2018, registered under Sections 302/324//34, P.P.C. at police station Parova, District D.I.Khan, accused/petitioners have approached this Court for their release on bail. Earlier, vide order dated 04.5.2020, they were declined bail by the Court of learned Judge MCAC/…
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