Mst. ASIA QASEEM vs ALAMZEB S — 2021 SCMR 302 SUPREME-COURT

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Mst. ASIA QASEEM VS ALAMZEB S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, possessing unlicensed weapon---Bail, cancellation of---Mainly three grounds prevailed with the High Court while granting bail to accused: Firstly, High Court observed that six persons were charged for commission of offence but the deceased had only two entry wounds, which was factually incorrect as deceased persons received more than two injuries which commensurated with the number of the accused, secondly the High court observed that although arms and ammunitions were recovered from the accused but the same were not sent to the Forensic Science Laboratory (FSL) hence the recovery lost its relevance, said observation was also against the record as empties were sent to the FSL whereas the recovered weapons from the accused and other co-accused persons were also sent there and report of FSL revealed that some of the empties recovered from the spot were found to have been fired from the weapons recovered from the accused and other co-accused persons and thirdly the complainant in her statement under S. 164, Cr.P.C. had also involved some other co-accused persons but she had not exonerated the accused and others who were apprehended at the spot red-handed--- Consequently the grounds on which bail was granted to the accused by the High Court were not borne out from the record---Bail granting order was against the record and perverse hence liable to be set aside---Petition for leave to appeal was converted into appeal and allowed, and the bail granted to accused was cancelled.

Mst. ASIA QASEEM vs ALAMZEB S — 2021 SCMR 302 SUPREME-COURT

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