GUL BAZ vs State S — 2021 YLR 2185 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 2185 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: GUL BAZ vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

GUL BAZ VS State S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 311, 148 & 149---Qatl-i-amd, tazir after waiver or compounding of right of qisas in qatl-i-amd, rioting, armed with deadly weapon---Bail, cancellation of---Perusal of bail granting order showed that the Trial Court while allowing bail to the accused had considered his plea of alibi---Application through which accused had raised his plea of alibi was sent to the department for inquiry and report---Investigating Officer of the case had not confirmed his plea of alibi---Accused was directly charged for murder by making indiscriminate firing---Occurrence was witnessed by the eye-witnesses and the medical reports of the deceased had supported the prosecution version---No delay was observed in lodging the FIR and it was yet to be established whether the place of occurrence was easily accessible---Accused was directly charged for an offence punishable with death or imprisonment for life and fell within the prohibited limb of S.497, Cr.P.C. and in such like cases grant of bail on the grounds which were yet to be established during trial was uncalled for---Order of the Trial Court on the face of it was perverse and discretion exercised in allowing bail was arbitrary, therefore, the bail granting order was not sustainable in the eyes of law---Petition for cancellation of bail was allowed, in circumstances and bail granting order passed by Trial Court was set aside.

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