Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Penal Code (XLV of 1860)

Section: 302,324

Criminal Procedure Code (V of 1898)--- ---S. 497(5)---Constitution of Pakistan, Art. 185(3)---Penal Code (XLV of 1860), Ss. 302 , 324---Qatl-i-amd, attempt to commit qatl-i-amd---Bail, cancellation of---Accused was nominated in the crime report, which was promptly lodged against him wherein a specific accusation of causing firearm injury to the brother of the complainant was made which resulted into his death---Admittedly, the occurrence had taken place on the rooftop of the house of the complainant and the matter was reported to the police after lapse of 1 hour and 45 minutes whereas the inter se distance between the place of occurrence and the police station was 18-19 kilometers---Such aspect lent support to the fact that the matter was reported to the police without any inordinate delay---Previous enmity between the parties was not denied---Occurrence had taken place in broad daylight whereas the parties were known to each other, therefore, there was no chance of any mis-identification, which further gave strength to the prosecution case---Locale of injury ascribed to the accused was fully supported by medical evidence---Petition for leave to appeal was converted into appeal and allowed, and bail granted to accused was cancelled. ORDER: SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE:---.--- Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner seeks cancellation of bail granted to the respondent Umer Zahid by the learned Peshawar High Court, Bannu Bench vide order dated 12.01.2021 in case registered vide FIR No. 430 dated 28.06.2020 under sections 302/324, P.P.C. at Police Station Karak, District Karak in the interest of safe administration of criminal justice. 2. As per the contents of the crime report, on the fateful day and time, the respondent while armed with firearm fired at the complainant and his brother Shahzeb Khan and due to the firing, the brother of the complainant got hit and lost his life whereas the complainant remained unhurt. 3. At the very outset, it has been argued by learned counsel for the petitioner that the respondent was the single accused, who was directly charged for the…

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