ROIDAD KHAN vs State S — 2022 MLD 660 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 660 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: ROIDAD KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 302---K; S. 15---Q; S. 164; 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

ROIDAD KHAN VS State S.497---Penal Code (XLV of 1860), S.302---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Qatl-i-amd---Unlicensed possession of arms---Bail, grant of---Scope---Accused was alleged to have murdered the son of complainant---Nobody was initially charged for the commission of offence---Complainant had recorded his statement under S.164, Cr.P.C., with a considerable delay and without disclosing his source of information that his son was put to death by the accused---No direct evidence was available to prima facie connect the accused with the commission of offence---Evidence regarding last mobile contact in the absence of any corroborative evidence was a weak type of evidence, especially when it was not mentioned in the FIR that at what time deceased was lastly seen in the company of the accused---So far as recovery of weapon of offence and burnt mobile of deceased were concerned, the same was not recovered from the direct possession of accused---Case of accused required further probe to establish his involvement in the commission of offence---Petition for grant of bail was allowed, in circumstances. Head Notes

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