| Citation(s) |
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| 2025 SLG 5442 2025 SLD 5442 = 2025 PCRLJ 1573 |
Peshawar High Court, Mingora Bench
Criminal Misc. Bail Application No. 29-M of 2025, decided on 24th February, 2025
Before Salah-ud-Din, J
Muhammad Hanif Khan for Petitioner. Kamal Khan, Asst: A.G, along with mother of deceased lady Mst. Fazilat Bibi in person.
Criminal Misc. Bail Application No. 29-M of 2025, decided on 24th February, 2025
Before Salah-ud-Din, J
Muhammad Hanif Khan for Petitioner. Kamal Khan, Asst: A.G, along with mother of deceased lady Mst. Fazilat Bibi in person.
ARSHAD---Petitioner
VERSUS
The STATE and others---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497,345(7)
Law: Penal Code (XLV of 1860)
Section: 302,114,311,34
Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 302, 114, 311 & 34---Qatl-i-amd, abettor was present when the offense was committed, ta'zir after waiver or compounding of the right of qisas in qatl-i-amd, common intention---Bail, dismissal of---Honour killing---Compromise effected---Allegation against the petitioner-accused was that he committed murder of his wife and brother by firing due to their illicit relations---Allegedly, compromise had been effected between the parties, thus petitioner claimed bail on such compromise---Honour crime or offence committed in the name or on the pretext of honour as prima facie emerging in the present case---Section 345(7), Cr.P.C., put an embargo on compounding the offence of murder, if committed on the pretext of honour--Apart from that, the present accused-petitioner had specifically been charged for committing the murder of his wife and brother inside the premises of their house---Complainant of the present case was nobody else but real brother of the male deceased and that of present petitioner, therefore, the possibility of substitution was next to impossible---Medico-Legal/post mortem reports of both the deceased were adamant of the fact that they had received multiple firearm injuries on different parts of their bodies---Moreover, there was also a recovery of weapon of offence i.e. a .30 bore pistol, on pointation of the present accused-petitioner along with a positive Forensic Science Laboratory Report, whereby it was opined that the five crime empties were fired from one and the same weapon---Therefore, it prima facie seemed that it was the job of one assailant---On the basis of tentative assessment of the record, accusedpetitioner was prima facie connected with the commission of an offence which fell within the prohibitory clause of S.497,Cr.P.C, as such, he was not entitled to the concession of bail, even on merits---Bail petition being meritless was dismissed, in circumstances.Tandimand and another v. Qasim Jan and another 2021 PCr.LJ 469 and Muhammad Akram Khan v. The State PLD 2001 SC 96 rel.Date of hearing: 24th February, 2025.ORDERSALAH-UD-DIN, J.---Petitioner Arshad who…