| Citation(s) |
|---|
| 2023 SLG 355 2023 SLD 355 2023 YLR 479 |
Islamabad High Court
Criminal Miscellaneous No. 497-BC of 2022, decided on 17th May, 2022.
ARBAB MUHAMMAD TAHIR, J
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Criminal Miscellaneous No. 497-BC of 2022, decided on 17th May, 2022.
ARBAB MUHAMMAD TAHIR, J
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ABDUL HAMEED
VS
The STATE and another
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Penal Code (XLV of 1860)
Section: 302,201,34
Law: Qanun-e-Shahadat (10 of 1984)
Section: 40
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 201, 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qalt-i-amd, causing disappearance of evidence of offence or giving false information to screen offender and common intention---Bail cancellation of--- Information received from the accused may be proved--- Scope--- Accused, during investigation, had disclosed all the material particulars with regard to hatching of conspiracy for the murder of her husband---Perusal of disclosure made by the accused revealed that she had got married with the deceased and just after 28 days of the marriage, she in connivance with the co-accused hatched a conspiracy in order to get rid of her husband, wherein she had played an active role---Accused had given some amount to co-accused for the purchase of pistol in order to fulfill her evil design---In addition, she had treacherously made her husband travel along with her to the place of incident---Co-accused had got recovered the crime weapon which, as per report of Forensic Laboratory, had matched with the empties collected from the crime scene---Disclosure attributed to accused was not a simple disclosure but her disclosure ostensibly fell within the ambit of Art. 40 of the Qanun-e-Shahadat, 1984---Alleged offence not only fell within the ambit of prohibitory clause of S. 497, Cr.P.C., but also entailed capital punishment---Impugned order was not legally sustainable, it was accordingly set aside and the post-arrest bail granted to the accused was recalled. 2020 SCMR 2089; Abdul Majeed Afridi v. The State and Abdul Latif Afridi Crl. P. No. 632 of 2021; Criminal Petitions Nos. 1459/2020, 1523/2020, 970 to 976/2021 and…
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