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MUJTABA HASSAN vs State S — 2021 YLR 2233 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLR 2233 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
YLR
Parties
MUJTABA HASSAN vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 302---Q; S. 164; 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

MUJTABA HASSAN VS State S. 497---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, grant of---Unseen occurrence---Further inquiry---Scope---Accused was behind the bars on the charge of murder of the son of complainant---Incident was unseen and initially nobody was charged for the commission of offence---Complainant had recorded his statement under S.164, Cr.P.C., naming the accused after a considerable delay of 13 days and without disclosing his source of information---No direct evidence was available to prima facie connect the accused with the commission of offence---Evidence in the shape of Call Data Record (CDR) regarding presence of accused in village, without corroborative evidence, was a weak type of evidence and refusal of bail by Trial Court on such a ground was unjustified especially when it was not mentioned in the FIR or statement under S.164, Cr.P.C. that the deceased was last seen in the company of accused---Nothing was recovered from the accused nor had he made any confessional statement, therefore, the case against accused was required to be established through pro and contra evidence---Bail was allowed, in circumstances.

Other judgments reported in 2021 YLR

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