BAKHMAL SHEHZAD vs NAZEER AHMED S — 2022 YLR 1501 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 1501 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: BAKHMAL SHEHZAD vs NAZEER AHMED S
Subject matter: Criminal
Provisions referred to: S. 497; S. 169; 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

BAKHMAL SHEHZAD VS NAZEER AHMED S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Bail, cancellation of---Accused was directly charged in the promptly lodged FIR with specific role of effective firing---Eye-witnesses who were natural witnesses had witnessed the occurrence---Motive behind the occurrence had been disclosed in the FIR---Perusal of impugned bail order passed by Trial Court it appeared that the Trial Court had granted bail by holding that the co-accused and accused were equally charged by the complainant for opening fires at the deceased---However, Investigating Officer surprisingly had discharged co-accused from the case---Trial Court had granted bail to the accused on the sole ground of rule of consistency---No incriminating article/ weapon of offence had been recovered from the discharged co-accused, whereas weapon of offence had been recovered from the accused---Case of accused was therefore, distinguishable from that of his co-accused who had been discharged under S.169, Cr.P.C. by the police---Tentative assessment of material available on the record showed that the accused was prima-facie connected with the alleged offence falling within the ambit of prohibitory clause of S.497, Cr.P.C. and he was not entitled for concession of bail---Trial Court while allowing post arrest bail in favour of the accused had completely lost sight of established principles for grant of bail and guidance laid down by superior Courts from time to time---Petition for cancellation of bail was allowed, in circumstances.

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