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MUHAMMAD KHAN vs IQBAL KHAN art — 2021 SCMR 2017 SUPREME-COURT

Case information

Citation
2021 SCMR 2017 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
MUHAMMAD KHAN vs IQBAL KHAN art
Subject matter
Criminal
Provisions referred to
S. 302

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 KHAN VS IQBAL KHAN art. 185(3)---Bail---abscondment---Though absconsion by itself was not proof of guilt nor insurmountably stood in impediment to release of an offender if otherwise a case for grant of bail was made out, nonetheless, it was a circumstance which could not be invariably ignored without having regard to peculiarity of circumstances in each case as there were situations that possibly entailed consequences. Citation Name: 2021 SCMR 2017 SUPREME-COURTBookmark this Case MUHAMMAD KHAN VS IQBAL KHAN S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Bail, cancellation of---High Court granted bail to accused on the ground that given the joint role of accused and co-accused, it was far from being clear as to whose shot hit the deceased---Held, that totality of circumstances did not admit space to hypothetically absolve the accused from the indivisibility of his role of being in the community of intention with the allegation of active participation in the crime---Both the accused and co-accused remained away from the law---Accused was arrested after almost four years of the incident, while the co-accused was still at large---In the absence of any investigative analysis or conclusion, there was no occasion for the High Court to itself presumptuously extricate the accused from the web, woven by the identity of circumstances jointly hovering upon both the accused and co-accused---Petition for leave to appeal was converted into appeal and allowed, impugned order of High Court was set-aside and post-arrest bail granted to accused was set aside.

Other judgments reported in 2021 SCMR

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