| Citation(s) |
|---|
| 2003 SLG 1109 2003 SLD 1109 2003 PCRLJ 518 |
Peshawar High Court
Criminal Miscellaneous No. 1274 of 2002, decided on 22nd November, 2002.
IJAZ UL HASSAN, J
Sikandar Khan for Petitioner. Malik Akhtar Khan for the State. Qasim Khan Muhdzai for the Complainant.
Criminal Miscellaneous No. 1274 of 2002, decided on 22nd November, 2002.
IJAZ UL HASSAN, J
Sikandar Khan for Petitioner. Malik Akhtar Khan for the State. Qasim Khan Muhdzai for the Complainant.
FAQIR HUSSAIN
VS
ASAD ALI KHAN and another --Respondents
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 320,324,459,148,149
Law: Anti Terrorism Act, 1997
Section: 6(a)(b),7
(a) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.320, 324, 459, 148 149 -Anti Terrorism Act. (XVII of 1997), Ss.6(a)(b) 7 Bail, grant of -Principles Bail not to be refused as a punishment merely on the allegation that the accused had committed offence punishable with death or imprisonment for life unless reasonable grounds appeared to exist to disclose his complicity. (b) Criminal Procedure Code (V of 1898) S. 497 Bail, grant of Appreciation of evidence Material, available on record was to be taken into consideration at the bail granting stage and deeper appreciation or evaluation of evidence was not permissible for grant or refusal of bail Only tentative assessment was to be made. (c) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.302/324/459/148/149 Anti-¬Terrorism Act (XVII of 1997), Ss.6(a)(b)/7 Bail, grant of Accused had Been nominated as one of the accused persons in the F.I.R. but role of firing leading to the murder of the two deceased had been assigned to the principal accused Allegation against the accused was that he alongwith others duly armed, had encircled the house of the complainant possibly in order to foil their attempt to resist possession of land ¬Accused was charged with vicarious liability which could be appropriately dealt with by the Trial Court after recording of evidence ¬Plea of alibi raised on behalf of the accused was also left to the Trial Court to decide Accused had succeeded to make out a prima facie case for grant of bail Accused was granted bail by the High Court in circumstances. Akram Khan v. The State and another 1978 SCMR 242; Ali Akbar v. The State 1991 MLD 2208; Mehmood Akhtar v. The State 1995 SCMR 310; Basharat Hussain v. Ghulam Hussain 1978 SCMR 357; Shahid v. The State 1994 SCMR 393; Muhammad Haleem Khan v. The State 1986 PCr.LJ 1457; Mst. Barkat Bibi v. Gulzar 1979 SCMR 65; Munawar v. The State 1981 SCMR 1092; Muhammad Rasheed v. The State 1979 SCMR 92; Hafiz Imam Bux v. Muhammad Bux 1979 SCMR 197; Gul Khan v. Gul Daraz Khan 1995 SCMR 1765 and Shah Zaman v. The State PLD…
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