Case Details

Citation(s)
2002 SLG 845 2002 SLD 845 2002 PCRLJ 28
Peshawar High Court
Criminal Miscellaneous No.201 of 2001, decided on 20th August, 2001.
TALAAT QAYYUM QRESHI, J
Abdul Karim for Petitioner. Tariq Javed, A.A.-G. for the State. Raja Shafaqat Khan Abbasi for the Complainant.

KHALIQ DAD

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 334,337

Criminal Procedure Code (V of 1898)---   ----S. 497---Penal Code (XLV of 1860), Ss.334 337---Bail--¬Accused was charged in the F.I.R. for cutting the nose and hair of the head of the complainant with a blade---According to report of the Doctor 3/4th nose of the complainant had been cut---Act of accused was not only gruesome but grave in nature also and was worse than the assassination of the victim who was now to live with her nose chopped off---Complainant was made to suffer for all times to come and her plight could be well-imagined---Intention behind the occurrence was to make the victim a symbol of terrorism of the accused---Prosecution version was supported, by the eye-witness and medico -legal report---Accused was refused bail in circumstances.   Abdul Karim for Petitioner.   Tariq Javed, A.A.-G. for the State.   Raja Shafaqat Khan Abbasi for the Complainant.   Date of hearing: 20th August, 2001. JUDGMENT The accused-petitioner is involved in case F.I.R. No.86, dated 23-11-2000 registered under sections 334/337, P.P.C. at Police Station Lora Tehsil and District Abbottabad. The accused-petitioner moved the Court of learned Sessions Judge, Abbottabad for ad interim pre-arrest bail which was rejected vide order, dated 6-1-2001. Thereafter, he moved the Court of learned Judicial Magistrate which application was rejected vide order, dated 16-1-2001. His application moved in the Court of learned Additional Sessions Judge, Abbottabad met the same fate when the same was rejected vide order, dated 7-4-2001. Now he has come to this Court through the present application. 2. As per contents of the report the marriage of complainant, about 4 months prior to the occurrence took place with the accused at Karachi where complainant was residing with him. About 10/12 days prior to the occurrence, complainant alongwith accused came to Village Chanali and during this period accused used to quarrel and beat the complainant. On the night of occurrence accused came to cot of complainant, tied her with the cot and also tied the mouth of complainant with a cloth and cut the nose of complainant with a blade and thereafter cut her hairs of the head, then…
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