Case Details

Citation(s)
2026 SLG 4245 = 2026 SLD 4245 = 2026 YLR 1365
Peshawar High Court
Criminal Miscellaneous (B.A.) No. 3675-P of 2024, decided on 28th October, 2024.
Presented By: Shakeel Ahmad, J
Shaiber Khan for Petitioner.        Ms. Humaira Gul, A.A.G for the State.        Iltaf Samad for the Complainant.

BAKHMAL---Petitioner

VERSUS

The STATE and another---Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302, 324, 148, 159

Criminal Procedure Code ( V of 1898) S. 497 ---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, unlawful assembly---Post-arrest bail, refusal of---Offence falling within prohibitory clause of S.497, Cr.P.C.---Sufficient incriminating material, availability of---Record revealed that the accused-petitioner and his co-accused had specifically been nominated in the crime report for committing murder and also attempting at the life of complainant, ineffectively, and murderously assaulting at his companions by means of firearms---The crime was reported on the same day---The Medico-Legal Report, site plan and version of the complainant, if placed in juxtaposition, were consistent---More-so, after commission of offence, the accused-petitioner remained at large for quite a sufficient time---Besides, the co-accused who had been attribute didentical role, had been declined bail by this/High Court---After completion of investigation, challan had been given and trial had commenced, and out of total of 34, 07 witnesses had been examined and 01 was abandoned---No doubt, commencement of trial or mere abscondance was no ground to refuse bail to the accused, if his case was otherwise fit for grant of bail, however, the tentative assessment of the material on record showed that there were reasonable grounds to believe that the petitioner had committed an offence which fell within the prohibition contained in Section 497 Cr.P.C.---Bail was refused to accused, in circumstances.              Date of hearing: 28th October, 2024.                                                                                                              Judgment        Shakeel Ahmad, J.---This petition has been moved on behalf of the accused-petitioner, Bakhmal, for admitting him to post-arrest…
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