| Citation(s) |
|---|
| 2022 SLG 3021 2022 SLD 3021 2022 YLR 831 |
Islamabad High Court
Criminal Miscellaneous No. 156-B of 2021, decided on 8th March, 2021.
TARIQ MEHMOOD, JAHANGIRI, J
Sajid Haider Malik for Petitioner/ accused. Malik Muhammad Zulfiqar for the Complainant. Mashhood Azam Awan, State Counsel. Petitioner in person. Ashiq Hussain Shah, Inspector.
Criminal Miscellaneous No. 156-B of 2021, decided on 8th March, 2021.
TARIQ MEHMOOD, JAHANGIRI, J
Sajid Haider Malik for Petitioner/ accused. Malik Muhammad Zulfiqar for the Complainant. Mashhood Azam Awan, State Counsel. Petitioner in person. Ashiq Hussain Shah, Inspector.
DILSHAD KHAN
VS
The STATE and another
Law: Criminal Procedure Code (V of 1898)
Section: 498
Law: Penal Code (XLV of 1860)
Section: 302,324
Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss. 302 34---Qatl-i-amd and common intention---Pre-arrest bail, refusal of---Plea of alibi---Scope---Accused was nominated in the FIR with a specific role of committing qatl-i-amd of complainant’s daughter---Complainant was also an eye-witness of the occurrence---Deceased and accused were married in the year 2008, out of the wedlock a son was born in the year 2009 and thereafter in the year 2013 the accused had pronounced divorce---Minor son was living with his father but when he grew up, he wanted to live with his mother---Accused was not happy, therefore, he filed an application under S. 491, Cr.P.C. wherein he had alleged that his son was abducted by the deceased---Deceased in the year 2020 had submitted an application to the S.H.O. (Station House Officer) wherein it was mentioned that some unknown persons while riding a bike had come close to her, had issued threats, had also shown some weapons and had stated that leave her son---Deceased had further stated in the application that it was second attack upon her---Plea of alibi, as raised by the accused, could only be considered by the Trial Court after recording of evidence---Accused had failed to make out a case for grant of pre-arrest bail---Petition was dismissed, in circumstances. Waqar-ul-Haq v. State 1985 SCMR 974 and Bahadur v. Muhammad Latif 1987 SCMR 788 ref. ORDER TARIQ MEHMOOD JAHANGIRI, J.---Through the instant petition, the petitioner seeks bail before arrest in case FIR No. 22/21, dated 22.01.2021, offences under sections 302/34, P.P.C., registered at Police Station Shams Colony, Islamabad. 2. Brief facts of the case are that the complainant/Gul Amber son of Chaman Khan moved an application before the S.H.O. Police Station Shams Colony, Islamabad, stating therein that on 22.01.2021, at around 07:30 p.m., when he came out of Masjid after offering prayer, he saw petitioner/accused namely Dilshad son of Anwar Khan along with another person present at the gate of his house. As the complainant was approaching towards them, petitioner/ accused started firing inside the open gate and then ran away along with his companion.…
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