Case Details

Citation(s)
2024 SLG 3976 2024 SLD 3976, 2024 SCMR 1576 2024 SCP 222
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.220 of 2024, decided on 7th June, 2024. (Against the order dated 02.02.2024 passed by the Peshawar High Court, Mingora Bench in B.A. No.30-M of 2024)
Present: Jamal Khan Mandokhail, Ayesha A. Malik and Syed Hasan Azhar Rizvi, JJ
Zia ur Rehman Tajik, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner. Syed Kosar Ali Shah, Additional Advocate General KPK, Sher Hayat, SI/IO and Bakht Rehman, DSP Timergara for the State. Zulfiqar Khalid Maluka, Advocate Supreme Court, along with Complainant for the Complainant. Date of hearing: 7th June, 2024.

ITBAR MUHAMMAD---Petitioner

VERSUS

The STATE and others---Respondents

Law: Code of Criminal Procedure (CrPC), 1898

Section: 497, 302, 324 & 34

Law: Pakistan Penal Code, 1860

Section:

 

Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---In the present case one person had lost his life and one person had sustained injuries at the hands of accused persons---Furthermore, the petitioner (accused) along with another accused was nominated in the FIR and specific role of firing at the deceased and injured person was attributed to petitioner specifically---Prosecution witnesses in their statements had supported the version of the complainant given by him in the FIR---Medical evidence also corroborated the ocular account---Record further reflected that the version of complainant was corroborated by the recovery of empties from the place of incident and recovery of pistol at the pointation of the petitioner, therefore, there appeared reasonable grounds to believe that petitioner/accused had committed the offence which was punishable with death or imprisonment for life, hence the case of petitioner fell within the prohibitory clause of section 497, Cr.P.C.---Tentative assessment of material available on record prima facie connected the petitioner with the commission of the offence which fell within the ambit of the prohibitory clause of section 497, Cr.P.C.---Petition was dismissed, leave was declined, and petitioner was refused bail.

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