| Citation(s) |
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| 2025 SLG 3595 2025 SLD 3595 = 2025 YLR 1398 |
Peshawar High Court, Mingora Bench
Criminal Misc. (B.A) No. 6-P of 2025, decided on 10th February, 2025.
Before Abdul Fayaz, J
Yasar Khan Safi for Petitioner. Kamal Khan, Asst: A.G for the State. Akhunzada Said Pervez for the Complainant.
Criminal Misc. (B.A) No. 6-P of 2025, decided on 10th February, 2025.
Before Abdul Fayaz, J
Yasar Khan Safi for Petitioner. Kamal Khan, Asst: A.G for the State. Akhunzada Said Pervez for the Complainant.
ABDUR REHMAN---Petitioner
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302(b)
(a) Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S. 302(b)---Qatl-i-amd---Bail, refusal of---Accused was charged for committing murder of his wife/sister of the complainant by firing---Perusal of record revealed that the accused/petitioner had been directly charged in the FIR for committing murder of his wife--Record also revealed that between the spouses, relations were not cordial--Moreso, during the course of investigation, the Investigating Officer had also recovered four empties of Kalashnikov from the place of occurrence and from personal possession of the accused/petitioner, he had also recovered the weapon of offence, i.e., Kalashnikov, along with charger having 20 live cartridges, which fully supported the version of the prosecution---Furthermore, the occurrence had taken place inside the house of accused/petitioner, where he had been charged for the murder of his wife---Apart from the above, the version of the prosecution was also supported by the statements of eye-witnesses especially daughter of the accused/petitioner and the Medico-Legal/postmortem report of the deceased, whereby deceased had received multiple firearm injuries on her body---On tentative assessment of the available record, reasonable grounds did exist, which connected the accused/petitioner with the commission of the offence which also fell within the prohibitory limb of S.497 Cr.P.C.---Challan in the instant case had already been put in Court, therefore, the Trial Court would be in a better position to adjudge the guilt or otherwise of the accused/petitioner after recording of pro and contra evidence---Bail application was dismissed, in circumstances.Arbab Ali v. Khamiso and others 1985 SCMR 195 rel.(b) Criminal Procedure Code (V of 1898)-------S. 497---Bail order---Observations of Court---Scope---Observations of the Court made in a bail order, being tentative in nature, shall have no bearing on merits of the case at the time of its final decision by Trial Court.Date of hearing: 10th February, 2025.ORDERABDUL FAYAZ, J.---This order is directed to dispose of the instant application filed by the petitioner…