Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)   S. 497 Penal Code (XLV of 1860), S. 302/34 Constitution of Pakistan (1973), Art. 185(3) Bail Complainant himself before his death had specifically charged the accused in his F.I.R. with the firing Courts below had rightly exercised discretion in refusing bail to accused Contentions that the manner in which the incident allegedly took place was not possible and that the deceased could not suffer the injury from the place where accused were shown to be present, required appreciation of evidence which was not possible at bail stage Leave to appeal was refused accordingly.  1994 SCMR 1680 ref. JUDGMENT SAIDUZZAMAN SIDDIQUI, J:The petitioner alongwith Iqbal Jan and Sultan Mahmood, was charged under section 302/34, P.P.C. in the F.I.R. dated 27 2 1994 lodged at Police Station Kabal. The F.I.R. was lodged by Muhammad Ali Jan who was injured and who subsequently died as a result of the injury received ~by him. Co accused Iqbal Jan and Sultan Mahmood were allowed bail by the Magistrate but bail was refused to the petitioner. The bail granting order in favour of the co accused Iqbal Jan and Sultan Mahmood was challenged by the complainant before the Additional Sessions Judge, Swat, where the petitioner also applied for grant of bail. The Additional Sessions Judge, Swat, rejected the bail application of petitioner Mian Gul Jan and also recalled the bail granting order of the Magistrate passed in favour of co¬accused Iqbal Jan and Sultan Mahmood. All the three accused persons filed Criminal Miscellaneous No. 579 of 1994 before the Peshawar High Court which was heard and decided by the learned Acting…

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