Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 302,34

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.302/34---Constitution of Pakistan (1973), Art.185(3)---Bail---Cause of death of the deceased, according to the post-mortem report, appeared to be the head injury plus multiple fractures of different parts of his body---Accused, prima facie, seemed to be responsible for causing incised wound on the skull of the deceased which proved fatal---Bail was declined to accused in circumstances---As regards other two co-accused though their presence at the scene of occurrence could not be disputed, yet the injuries inflicted by them, prima facie, did not appear to have contributed to the immediate cause of death of the deceased---Both the said co-accused were behind the bars for the last more than eight months and their trial in near futures was not in sight---Case of these co-accused was not distinguishable from those already released on bail by High Court---Said co-accused were admitted to bail on the principle of consistency accordingly. JUDGMENT RANA BHAGWANDAS, J.--- Leave to appeal is sought against Peshawar High Court, Abbottabad Bench order, dated 21-2-2005 disposing of two criminal bail applications moved by accused Sarfraz, Shah Nawaz, Altaf all sons of Khan-e-Zaman, accused Yaqoob and Younas both sons of Ghulam Nabi and Asif son of Yaqoob. By the impugned order, while the High Court admitted accused Sarfraz, Altaf and Asif to bail in F.I.R. Crime No.323, dated 16-10-2004, registered at Saddar Police Station Mansehra, bail was declined in respect of petitioner Shah Nawaz, Yaqoob and Younas for the reasons that Shah Nawaz appeared to be responsible for causing injuries on skull of deceased Shah Zaman by means of a sharp cutting weapon like a dagger whereas Yaqoob and Younus had caused Sota injuries on the left arm and left leg and clavicle of the deceased. 2. Report of the incident was recorded by Shah Zaman while injured, who was removed to the hospital where the S.H.O. arrived on receipt of information about the occurrence. Shah Zaman, however, succumbed to his injuries on the next day at about 8-30 a.m. A counter version of the incident was also lodged by petitioner Muhammad…

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