| Citation(s) |
|---|
| 2026 SLD 3376 |
Criminal Miscellaneous Bail Application No. BA-82-B of 2026
Presented By: Mr. Justice Sabit Ullah Khan
For the Petitioner Mr. Inamullah Niazi, Advocate For the State Mr. Muhammad Asghar Khan Ahmadzai, Additional Advocate General For the
Respondents None appeared despite service (Nemo despite service).
Naib Gul
VS
. The State & 03 Others
Law: Pakistan Penal Code (PPC),1860
Section: 302, 311
Law: Code of Criminal Procedure, 1898
Section: 497
Summary
The petitioner, Naib Gul, sought post-arrest bail in FIR No. 65 dated 20.09.2025, registered at Police Station Dossali, District North Waziristan, under Sections 302 and 311 PPC. His earlier request for post-arrest bail had already been declined by the Sessions Court.
After examining the available material, the Peshawar High Court (Bannu Bench) found that the prosecution had produced sufficient incriminating material connecting the petitioner with the alleged murder. The Court held that the case did not call for further inquiry under Section 497(2) Cr.P.C., nor did it disclose any exceptional circumstance warranting the concession of post-arrest bail. Since the offence of murder is a prohibitory clause offence and the available evidence prima facie supported the prosecution case, the petitioner failed to make out a case for bail.
Accordingly, the Court dismissed the post-arrest bail application, while clarifying that the observations made in the order were tentative and would not prejudice the trial.