Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 337-F(i),337-A(ii),337-A(iii),34

Law: Constitution of Pakistan, 1973

Section: 18593)

Criminal Procedure Code (V of 1898)----S. 497---Penal Code (XLV of 1860), Ss. 337-F(i), 337-A(ii), 337-A(iii) & 34---Constitution of Pakistan, Art. 185(3)---Ghayr-jaifah, shajjah-i-mudihah, shajjah-i-hashimah, common intention---Bail, refusal of---Rule of consistency not applicable---All the accused persons had been assigned their roles in the FIR but the effective role had been attributed to the present accused, hence his role was rightly found distinguishable from the role assigned to the other co-accused---First Information Report as well as the site plan and the medico legal report fully supported the prosecution case---Police recovered blood from the spot along with blood stained garments of the complainant and also recovered two iron rods as the weapons of the offence---So far as the rule of consistency or parity for considering the grant of bail to the accused was concerned, in the present facts and circumstances of the case the roles of the co-accused who were granted bail were distinguishable to the role assigned to the accused who caused the fatal injury to the complainant---Petition for leave to appeal was dismissed, leave was refused, and accused was refused bail. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Criminal Petition for leave to appeal is directed against the judgment dated 23.01.2022 passed by the Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat in Cr. M. B.A. No.22-M/2023, whereby the petitioner's application for post-arrest bail in FIR No.291/2022 dated 10.12.2022 lodged under sections 337-A(ii), 337-A(iii), 337-F(i), and 34 of the Pakistan Penal Code, 1860 ("P.P.C.") at Police Station Karora, District Shangla was dismissed. 2. The gist of the FIR divulges the allegations against the petitioner that, on 10.12.2022, the complainant, in an injured condition, reported to the police that after offering Maghrib prayer he closed his shop and went home. The accused persons were present at the place of occurrence and accused Bakhti Rahman (petitioner), hit him on his head with a sharp object and caused injury on the left side of his forehead, while the remaining accused persons also gave him stick blows as a result of which the complainant…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492