| Citation(s) |
|---|
| 2023 SLG 2142 2023 SLD 2142 2023 SCMR 1514 |
Supreme Court of Pakistan
Criminal Petition No. 1578 of 2022, decided on 15th February, 2023. (Against the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar in Criminal Miscellaneous Bail Application No. 2330-P of 2022) Date of hearing: 15th February, 2023.
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Muhammad Akram Gondal, Advocate Supreme Court and Muhammad Sharif Janjua, Advocate-on-Record for
Respondent No. 2. Zahid Yousaf Qureshi, Add
Criminal Petition No. 1578 of 2022, decided on 15th February, 2023. (Against the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar in Criminal Miscellaneous Bail Application No. 2330-P of 2022) Date of hearing: 15th February, 2023.
Present: Sardar Tariq Masood, Amin-ud-Din Khan and Syed Hasan Azhar Rizvi, JJ
Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Muhammad Akram Gondal, Advocate Supreme Court and Muhammad Sharif Janjua, Advocate-on-Record for
Respondent No. 2. Zahid Yousaf Qureshi, Add
JUNAID ALI---Petitioner
VERSUS
The STATE through Advocate-General, Khyber Pakhtunkhwa and another---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, unlicensed possession of arms---Bail, grant of---Further inquiry---No direct evidence available against the accused---Counsel for complainant and law officer could not point out any material connecting the accused with the crime---At present stage, except the statement of the complainant under section 164, Cr.P.C., in which although he had pointed out his accusing finger towards the accused, but the said pointation was without any source or material---Due to such reasons the case of the accused called for further enquiry falling under subsection (2) of section 497, Cr.P.C.---Petition for leave to appeal was converted into an appeal and allowed, and the accused was released on bail. ORDER SARDAR TARIQ MASOOD, J.---This petition is barred by 30 days. Application for condonation of delay (Criminal M.A. No.2163 of 2022) has been filed. For the reasons mentioned in the application, the same is allowed and the delay in filing of the petition is condoned. 2. Through this petition the petitioner impugns the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar (the High Court) in Criminal Miscellaneous Bail…
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