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IMTIAZ vs AZAM KHAN S — 2021 SCMR 111 SUPREME-COURT

Case information

Citation
2021 SCMR 111 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
IMTIAZ vs AZAM KHAN S
Subject matter
Criminal
Provisions referred to
S. 497; S. 497---B; S. 337-D; S. 324; S. 34; 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

IMTIAZ VS AZAM KHAN S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 34 & 337-D---Bail, recalling of---¬Judge of High Court hearing accused's first bail application sending the matter back to Trial Court for addition of relevant sections of P.P.C. in the police record---Second/subsequent bail application filed by the same accused in the same case heard or dealt with by a Judge of the High Court other than the one who heard the first/previous bail application---Counsel for accused also failing to disclose the filing of first bail application and its disposal by another Judge---Violation of the principle laid down in The State through AG NWFP v. Zubair and 4 others (PLD 1986 SC 173). Citation Name: 2021 SCMR 111 SUPREME-COURTBookmark this Case IMTIAZ VS AZAM KHAN S. 497---Bail---Assessment of evidence---Scope---While adjudicating a bail matter only tentative assessment (of the evidence) had to be made. Citation Name: 2021 SCMR 111 SUPREME-COURTBookmark this Case IMTIAZ VS AZAM KHAN S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 34 & 337-D---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, jaifah---Bail, recalling of---High Court while granting bail to accused persons had not taken into consideration the allegation against them and the injuries ascribed to them---Admittedly one of the injured prosecution witnesses had undergone surgical intervention and as such, the provision of S. 337-D, P.P.C. was added-- Finding given by the High Court qua the applicability of S. 324, P.P.C. and S. 34, P.P.C. qua the common intention of the accused persons was based upon artificial reasoning which was not required at bail stage---¬Furthermore the accused persons remained absconder for more than 2 years and 3 months which aspect had altogether been ignored by the High Court---Bail granted to accused persons by the High Court was recalled in circumstances.

Other judgments reported in 2021 SCMR

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