SAID ALAM vs State S — 2022 YLR 117 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 YLR 117 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: YLR
Parties: SAID ALAM 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

SAID ALAM VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 46---Qatl-i-amd and common intention---Bail, refusal of---Dying declaration---Scope---Complainant while being in injured condition lodged a report in emergency ward of the hospital to the effect that on the day of incident he along with his father was present at a road when the accused persons fired at him with intention to commit qatl-i-amd, resultantly he was hit and injured, while his father escaped unhurt---Complainant later on succumbed to the injuries---Accused along with two others was directly charged for the murder of the deceased---Main thrust of the counsel for accused was that the injuries did not commensurate with the number of accused and that no bullet marks were found on the surrounding walls---True that the number of injuries did not commensurate with the number of the accused but it was not a rule of thumb that in every criminal case the accused charged was to be released on bail in a mechanical way---Investigating Officer during spot inspection had recovered the empties of different caliber and it was the deceased then injured, who had attributed specific role to the accused with specific weapons of offence---Accused was prima facie connected with the commission of offence---Petition for grant of bail was dismissed, in circumstances. Head NotesCase Description

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