Case Details

Citation(s)
2020 SLG 714 2020 SLD 714 2020 SCMR 677
Supreme Court of Pakistan
Criminal Petition No. 1257 of 2019, decision & hearing Date : 06-01-2020 (Against the order Dated 18.10.2019 passed by the Peshawar High Court, Peshawar in Cr. M. B.A. No. 2254-P of 2019)
MANZOOR AHMAD MALIK, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record Miss Ayesha Tasneem, State Counsel and Siraj Khan, SI for the State.

SAQIB AND OTHERS

VS

THE STATE AND OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,324,337A(ii),337-F(ii),337D

Criminal Procedure Code (V of 1898)--- ----S. 497(2)--- Penal Code (XLV of 1860), Ss 324, 34, 337-A(ii), 337-F(ii) & 337-D---Attempt to commit qatl-i-amd, common intention, shajjah-i-mudihah, ghayr-jaifah-badiah, jaifah---Bail, grant of---Further inquiry---Case of cross-version FIRs---During the occurrence two persons from accused side also sustained injuries but those injuries had not been disclosed in the FIR---Cross version FIR in such regard was also recorded and challan in both cases i.e. FIR and cross version had been submitted---In such circumstances, it was for the Trial Court to determine as to who was the aggressor and who was aggressed upon, after recording evidence of the parties---Case against the accused persons called for further enquiry falling within the ambit of S. 497(2), Cr.P.C.---Accused persons were granted bail. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Seek leave to appeal against the order dated 18.10.2019, whereby bail was refused to them by the learned Peshawar High Court, Peshawar in case FIR No.635 dated 08.07.2019, offences under sections 324, 337-D, 337-A(ii), 337-F(ii), 34, P.P.C., registered at Police Station AMJS, Peshawar. 2. The allegation against the petitioners, as per contents of FIR, is that they while armed with Churris caused injuries on the person of the complainant and his brother Fida. 3. We have heard learned counsel for the parties and have perused the available record with their assistance. 4. During the course of arguments, it has…
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