Case Details

Citation(s)
2010 SLG 1355 2010 SLD 1355 2010 MLD 1864
Peshawar High Court
Criminal Miscellaneous Bail Petition No. 296 of 2010, decision & hearing Dated: 05-08-2010.
ATTAULLAH KHAN, JUSTICE
Petitioner(s) by: Saleem Ullah Khan Ranazai
Respondent(s) by: Sanaullah Samim, D.A.G. and Sultan Shaharyar Khan Marwat

MASUD KHAN

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302---Qatl-e-amd---Bail, grant of---Further inquiry---Case seemed to be as unseen occurrence and was a two version case---First version was that of the complainant which was regarding the commission of suicide by the deceased, while the version of father of the deceased was that she was murdered by the accused---Version of accused regarding suicide by the deceased was nearer to truth---Said two versions had made the case of accused that of further inquiry---Investigation in the case was complete and accused was no more required for interrogation---Accused was admitted to bail. THIS JUDGMENT DELIVERED BY: ATTAULLAH KHAN, J.---- Having failed to get the concession of bail from the Courts below in case F.I.R No. 231 dated 28-6-2010 of Police Station Naurang registered under section 302, P.P.C., the accused/petitioner Masood Khan has filed the application in hand for the same purpose. 2. Brief facts of the case arc that initially on 26-6-2010, the accused/petitioner has reported that his wife Mst.Nazya Bibi had committed suicide, but later during investigation, Khan Malook, his father-in-law charged him for the murder of the deceased. 3. Learned counsel for the petitioner argued that there is no eye-witness in the case. He submitted that originally the accused was complainant in the case but subsequently made an accused during investigation on the statement of father of the deceased recorded under section 161, Cr.P.C. without any plausible reasons. He argued that is a double version case which entitle the petitioner to the concession of bail. 4. On the other hand, the version of the complainant is that there is ample evidence to connect the accused with the commission of the offence regarding the death of the deceased. He argued that as per the version of the accused, the deceased had died on the spot while according to the site plan, she expired on the way. 5. I have carefully examined the record and considered the arguments of the learned counsel for the parties. 6. It is to be pointed out that the accused had…
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