Case Details

Citation(s)
2010 SLG 2533 = 2010 SLD 2533 = 2010 YLR 1570
Peshawar High Court
Cr. Miscellaneous (BA) No.1717 of 2009, decided on 13th November 2009.
Presented By: Mazhar Alam Khan Miankhel, J

SHOKAT---Petitioner

VERSUS

THE STATE and another---Respondents

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S. 336/34---Itlaf-i-Salahiyyat-i-udw--Bail, refusal of---Contents of the F.I.R. and medical report present on the file had reflected that it was a heinous offence of Itlaf-i-Salahiyyat-i-Udw---Section 336, P.P.C. for which accused along with his wife had been charged and on the face, it appeared that accused was charged for an offence, punishment provided for which, came under the prohibitory clause of S.497, Cr.P.C., disentitling him to the concession of bail---Challan in the case was complete which had to be submitted before the Trial Court---Prosecution was directed to submit the challan before the Trial Court and Trial Court was directed to decide the matter earlier---Bail petition was dismissed, in circumstances. Noroz Khan for petitioner. Riaz Afridi for the State. Date of hearing: 13th November, 2009. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---Learned counsel appearing for the petitioner and Mr. Riaz Afridi, Advocate learned State counsel were heard whereas the complainant present in the Court requested that because of financial constraints she is unable to engage a counsel and reposed confidence upon the submissions to be made by the State counsel. 2. The accused/petitioner along with his wife Mst. Safia Begum were booked in a case registered under section 336 read with section 34, P.P.C. vide F.I.R. No.772 dated 31-8-2009 Police Station, Nowshera Cantt: on the report of one Mst. Mehrunnisa wife of Shakeel Murad who happens to be the sister-in-law (wife of brother of accused) of accused, was injured by the accused/petitioner by…
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