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HIDAYAT ULLAH vs State S — 2021 PCrLJN 58 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 58 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
HIDAYAT ULLAH 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

HIDAYAT ULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Qatl-i-amd and common intention---Bail, grant of---Rule of consistency---Absconsion---Scope---Accused along with others was alleged to have indiscriminately fired at the complainant party out of whom only complainant got hit---General role of firing at the complainant party was attributed to four accused persons including the accused---Complainant had sustained only two firearm entrance wounds with corresponding exits---Said effective shots on the person of the complainant were not specifically attributed to the accused---None of the companions of the complainant had sustained any injury despite the fact that they were also under the indiscriminate firing of four accused persons and were in close proximity of the complainant, which was a disturbing aspect of the case and pinched a prudent mind---Two of the co-accused persons had been acquitted by the Trial Court---Role of accused was similar to that of the acquitted co-accused---Mere absconsion was not sufficient to clog the way of grant of bail---Petition for grant of post-arrest bail was allowed, in circumstances.

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