MALAY KHAN vs State S — 2021 MLD 379 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 379 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MALAY KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 427; 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

MALAY KHAN VS State S.497---Penal Code (XLV of 1860), Ss.302, 324, 427 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees and common intention---Bail, refusal of---Absconsion of accused---Scope---Accused along with another was alleged to have murdered the complainant's brother---Accused was directly charged for commission of the offence---Incident had occurred in the daylight, so no question arose with regard to misidentification of the culprits, that too when the parties were known to each other---Deceased had multiple injuries on his body and the Investigating Officer had recovered seven empties of 7.62 bore from the spot which lent support to the case of the prosecution---Tractor of the complainant was also taken into possession which had bullet marks on its body and was damaged in which respect S.427, P.P.C., was added, which further supported what the complainant stated---Counsel of accused invited the attention of Court to the fact as to how the complainant escaped unhurt when two of the accused were firing at the tractor simultaneously---Court, while seized of the bail matter had to make tentative assessment and deeper appreciation of evidence was unwarranted, which could prejudice the case of either side---Accused had remained fugitive from law for almost three years and had failed to justify such a long absconsion---Petition for grant of bail was dismissed, in circumstance.

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