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KHAMISA vs State S — 2021 YLR 347 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 YLR 347 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
YLR
Parties
KHAMISA vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

KHAMISA VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 109, 147, 148 & 149---Qatl-i-amd, abetment, rioting, unlawful assembly---Bail, refusal of---Accused persons were duly nominated in the FIR---Alleged crime weapons were recovered on the pointation of co-accused---Disclosure before the police was not admissible in evidence but where the same followed the discovery of new facts same was admissible under Art. 40 of the Qanun-e-Shahadat, 1984---Court was required to take decision on the basis of material available on the record---Deeper appreciation of evidence was not permissible at bail stage---Tentative assessment of the evidence, prima-facie, connected the co-accused in the commission of alleged offence---Allegation against the accused was general in nature---Mere nomination in the FIR did not make a ground for refusal of the bail---No specific role had been attributed to him---Mere disclosure of co-accused was not a ground for refusal of bail--- No recovery of crime weapon of co-accused was effected from accused--- Bail application to the extent to the accused was allowed, however to the extent co-accused persons the same was dismissed, in circumstances.

Other judgments reported in 2021 YLR

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