| Citation(s) |
|---|
| 2026 SLG 2448 2026 SLD 2448 = 2026 YLR 1012 |
Islamabad High Court
Criminal Miscellaneous No. 09-B of 2026, decided on 29th January, 2026.
Presented By: Khadim Hussain Soomro, J
Chiragh Din and others v. The State PLD 1967 SC 340 and Muhammad Ashraf v. The State 1996 MLD 884 rel. Muhammad Zafar Khokhar for Petitioner. Zahid Asif Ch. for
Respondent No. 2. Suhail Ahmad, SSP for the State.
Criminal Miscellaneous No. 09-B of 2026, decided on 29th January, 2026.
Presented By: Khadim Hussain Soomro, J
Chiragh Din and others v. The State PLD 1967 SC 340 and Muhammad Ashraf v. The State 1996 MLD 884 rel. Muhammad Zafar Khokhar for Petitioner. Zahid Asif Ch. for
Respondent No. 2. Suhail Ahmad, SSP for the State.
ALI ASGHAR---Petitioner
VERSUS
The STATE and others---Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302, 148, 149
Criminal Procedure Code (V of 1898) S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149--- Qatl-i-amd and rioting armed with deadly weapons--- Bail, refusal of--- Lalkara--- Dominant role--- Accused was father of other two co-accused personsand wasalleged to have raised lalkara during the incident--- Validity--- Lalkara raised by accused could not be brushed aside as insignificant or proverbial in nature but was a deliberate and commanding act contributing to the occurrence--- There was specific and active role attributed to accused--- Ocular and medical evidence were corroborative--- Nature of lalkara raised by accused had dominance over co-accused persons--- Case of the accused did not fall within the ambit of further inquiry, nor there was any ground warranting exceptional relief--- Bail was refused in circumstances. Muhammad Baqir v. The State 2022 SCMR 363; Allah Dad v. The State 2023 SCMR 1724; Ghazi Khan v. Mst. Mir Shumah and others 2021 SCMR 1157; Bukhati Rehman v. The State 2023 SCMR 1068 and Mir Afsar v. The State and others 1998 SCMR 49 ref. Fakhar Abbas, Inspector/I.O. Order Khadim Hussain Soomro, J.---Through this bail application, the petitioner has prayed for his post-arrest bail in case FIR No. 1025, dated 29.09.2025, under sections 302, 148, 149, 34, P.P.C, PS Shahzad Town, Islamabad. 2. Concisely, the facts referred to in the instant FIR are that he, along with the co-accused, attacked the complainant party while armed with a deadly weapon, two people succumbed to firearm injuries. Hence, this FIR. 3. Learned counsel for the petitioner submits that there is…