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Syed GUL vs State S — 2022 PCrLJN 119 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PCrLJN 119 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Parties
Syed GUL 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

Syed GUL VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 337-A, 337-D, 337-F, 147, 148 & 149---Qatl-i-amd, shajjah, jaifah, ghayr-jaifah, rioting, rioting armed with deadly weapon, unlawful assembly---Bail, dismissal of---Prosecution case was that the accused party duly armed assaulted on complainant party, due to which complainant and another person got injured, while accused-petitioner made firing on the brother of the complainant, who died---Record transpired that the accused-petitioner was nominated in the FIR with specific role of firing on deceased---Ocular witnesses had fully implicated the accused-petitioner in the commission of offence---Medico Legal Certificate confirmed the unnatural death of the deceased due to fire arm---Presence of the ocular witnesses at the time of occurrence with justification was established and their evidence was straight forward---No reason was available to disbelieve the statements of ocular witnesses---Court, though granted post arrest bail to other nominated accused, but the role of the accused-petitioner was different to other accused and was not at par with the co-accused---Role of firing on deceased had been assigned to the accused-petitioner---Rule of consistency did not apply to the case of the accused-petitioner---Bail application of accused was dismissed, in circumstances. Head NotesCase Description

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