Case Details

Citation(s)
2025 SLG 4055 2025 SLD 4055 = 2025 SCP 309 = 2026 SCMR 99
Supreme Court of Pakistan
Criminal Petition No.1055 of 2025 (On appeal against the order dated 28.04.2025 of the Peshawar High Court, Abbottabad Bench passed in Crl.Misc. (BA) No.193-A of 2025)
Justice Syed Hasan Azhar Rizvi Justice Naeem Akhter Afghan

Binyameen ....Petitioner

VERSUS

The State through A.G. KPK & another ... Respondent

Law: Pakistan Penal Code, 1860

Section: 302,324,34

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Summary

The petitioner sought post-arrest bail for charges under sections 302, 324, 34 of the Pakistan Penal Code and section 15 of the Khyber Pakhtunkhwa Arms Act, 2013, related to a fatal shooting incident. The court noted that while firearms linked to the petitioner were recovered, the evidence against him requires further trial inquiry. Bail was granted based on the absence of witness examination and no requirement for further investigation.

Core Points

  • Petitioner charged under sections 302, 324, 34 PPC and section 15 of Khyber Pakhtunkhwa Arms Act, 2013.
  • FIR alleges petitioner and co-accused caused fatal injuries to Tariq Mehmood and injuries to others.
  • Firearm evidence (.30 bore pistol and crime empties) linked to petitioner.
  • Co-accused granted bail except petitioner and some others.
  • No witnesses examined yet at trial; challan submitted.
  • Bail granted as case falls under further inquiry and no further investigation needed.
  • Bail conditioned on furnishing bonds of Rs. 200,000 with two sureties.
  • Court observations are tentative and do not impact trial merits.

Law and Section Table

Law Section(s) Citation
Pakistan Penal Code (PPC) 302 Charge relating to murder
Pakistan Penal Code (PPC) 324 Causing hurt by dangerous weapons
Pakistan Penal Code (PPC) 34 Acts done by several persons in furtherance
Khyber Pakhtunkhwa Arms Act, 2013 15 Illegal possession/use of arms

 

ORDER

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