MUHAMMAD ASHRAF vs State S — 2021 MLD 202 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 202 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD ASHRAF vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD ASHRAF VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Absconsion---Scope---Accused persons were alleged to have murdered the deceased and attempted at the life of complainant and eye-witnesses---Accused persons were directly charged for commission of the offence---Incident had occurred in the broad daylight, so no question of mistaken or false implication arose inasmuch as the parties were known to each other---Two empties were recovered from the spot by Investigating Officer and a rifle thrown by accused while decamping from the spot were sent to Forensic Laboratory, where it was opined that the same were fired from the said rifle---No evidence was available on the file which could suggest that on the day of occurrence, the accused persons were away from their village in connection with earning their livelihood---Acquittal of co-accused did not benefit the accused persons for the reason that evidence collected by the investigating agency against the accused persons was yet to be analyzed by the Trial Court---No explanation was available on record to justify the absconsion of more than one and a half years of the accused persons---Petition for grant of bail was dismissed, in circumstances.

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