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MUHAMMAD SHAHZAD vs MUHAMMAD SHAHBAZ S — 2022 PCrLJ 1442 ISLAMABAD

Case information

Citation
2022 PCrLJ 1442 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD SHAHZAD vs MUHAMMAD SHAHBAZ S
Subject matter
Criminal
Provisions referred to
S. 497; S. 161; 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

MUHAMMAD SHAHZAD VS MUHAMMAD SHAHBAZ S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 34---Qatl-i-amd, rioting, armed with deadly weapon, common object and common intention---Bail, cancellation of---Scope---Co-accused persons had taken the deceased with them on the asking of the accused, who was granted pre-arrest bail---Call Data Record (CDR) of the accused indicated his presence near the place of occurrence at the relevant time---Not only that but a witness in his statement recorded under S. 161, Cr.P.C., had narrated that he had witnessed the accused in company of co-accused persons and the deceased on the day of incident---In the presence of above incriminating material coupled with the fact that no malice and mala fide on the part of complainant had ever been alleged, the exercise of extraordinary jurisdiction in the attending circumstances of the case, was unjust, arbitrary and was result of miscarriage of justice---Impugned order did not qualify status of a well-reasoned order, being devoid of reasons, rational with the facts of the case---Pre-arrest bail granted to the accused was recalled, in circumstances.

Other judgments reported in 2022 PCRLJ

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