| Citation(s) |
|---|
| 2022 SLG 1145 2022 SLD 1145 2022 SCMR 1080 |
Supreme Court of Pakistan
Criminal Petition No. 189-P of 2021, decision dated: 14th April, 2022, hearing date: 14th April, 2022. (On appeal against the judgment dated 16.11.2021 of the Peshawar High Court, Peshawar passed in Criminal Misc. (B.A.) No.2906-P of 2021)
SARDAR TARIQ MASOOD, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Altaf Samad, Advocate Supreme Court for Petitioner. Hussain Ali, Advocate Supreme Court (through video link at Peshawar) for
Respondent No. 1. Ms. Aisha Tasneem, Advocate Supreme Court along with Saleh Shah, S.I. for the State.
Criminal Petition No. 189-P of 2021, decision dated: 14th April, 2022, hearing date: 14th April, 2022. (On appeal against the judgment dated 16.11.2021 of the Peshawar High Court, Peshawar passed in Criminal Misc. (B.A.) No.2906-P of 2021)
SARDAR TARIQ MASOOD, JUSTICE, MUHAMMAD ALI MAZHAR, JUSTICE
Altaf Samad, Advocate Supreme Court for Petitioner. Hussain Ali, Advocate Supreme Court (through video link at Peshawar) for
Respondent No. 1. Ms. Aisha Tasneem, Advocate Supreme Court along with Saleh Shah, S.I. for the State.
FAZAL HADI
VS
YAQOOB ULLAH AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),497(5)
Law: Penal Code (XLV of 1860)
Section: 302,34
Law: Constitution of Pakistan, 1973
Section: 185(3)
Criminal Procedure Code (V of 1898)--- ----Ss. 497(2) , 497(5)---Penal Code (XLV of 1860), Ss. 302 , 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, common intention---Petition for cancellation of bail, dismissal of---Accused was alleged to have strangulated his wife to death---High Court granted post-arrest bail to the accused---Held, that nobody was nominated in the FIR and subsequently complainant made statement under S. 161, Cr.P.C. in which he charged the accused but it was observed by the High Court that in the said statement no source and no material was disclosed by the complainant through which he came to know regarding involvement of the accused in this case---Regarding contention of complainant that there was a ligature mark around the neck of the deceased which negated claim of accused that his wife died after falling in the bathroom, the postmortem report indicated that the ligature mark was only on the front side of the neck and it was mentioned by the lady witnesses, who reached after the occurrence at the spot that they saw the deceased in a naked condition lying in the washroom near a bucket---Trial Court, after recording the statement of the doctor, would determine as to whether the ligature mark was the result of the fall on the said bucket or due to some pressure of a rope around her neck---Presently, due to the said reasons, the case of the accused called for further inquiry---Petition for cancellation of bail was dismissed. ORDER: SARDAR TARIQ MASOOD, JUSTICE:---.--- Through this petition, petitioner Fazal Hadi impugns the judgment dated 16.11.2021 passed by the Peshawar High Court, Peshawar through which post arrest bail application filed by respondent No. 1 (the respondent) was allowed in case FIR No. 1119 dated 06.08.2021 registered under sections 302/34, P.P.C. at Police Station Pahari Pura, Peshawar. 2. We have heard the learned counsel for the petitioner, learned counsel for the respondent through video link from…
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