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MUHAMMAD RIAZ vs State S — 2021 YLRN 14 PESHAWAR-HIGH-COURT

Case information

Citation
2021 YLRN 14 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
MUHAMMAD RIAZ vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 15---Q; Penal Code (XLV of 1860); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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 RIAZ VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 353, 148 & 149---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, armed with deadly weapon, unlicensed possession of arms---Bail, grant of---Allegation against accused persons was that they along with others fired at the deceased, his nephew and the police convoy who was providing protection to them---Complainant of the case was the SHO, who headed the convoy but nephew of deceased had not opted to report the matter---Station House Officer while reporting the matter had not specifically charged the accused, who killed the deceased and injured the constable, rather it was after two days of the occurrence from the statement of nephew of the deceased that specific roles were attributed to accused persons---Such delayed statement had lost its worth and favoured the persons charged---Prosecution argued with vehemence that the accused persons were arrested from the spot but the Court could not exceed to the submission so advanced, as it was admitted on record that the place of occurrence was the village of all accused persons and their presence could be interpreted either way---Petition for grant of bail was allowed, in circumstances.

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