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REHMAT KHALIQ vs State Ss — 2022 YLR 2082 Gilgit-Baltistan Chief Court

Case information

Citation
2022 YLR 2082 Gilgit-Baltistan Chief Court
Year
2022
Reporter
YLR
Parties
REHMAT KHALIQ vs State Ss
Subject matter
Criminal
Provisions referred to
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

REHMAT KHALIQ VS State Ss. 497 & 169---Penal Code (XLV of 1860), Ss. 324 & 337-F(v)---Attempt to commit qatl-i-amd--- Ghayr-jaifah---Hashimah--- Bail, grant of--- Discharge of co-accused persons--- Rule of consistency--- Absconsion--- Recovery of weapon---Scope---Accused along with others was alleged to have indiscriminately fired at the victim within the presence of witnesses---Statements of prosecution witnesses were in contradiction with the statement of accused---After arrest of all the three accused the complainant of the FIR himself came to the Investigating Officer with a submission that he had mistakenly mentioned the names of co-accused persons in the FIR and the Investigating Officer on the basis of the said statement had released the co-accused persons under S. 169, Cr.P.C.---Rule of consistency applied to the case as the co-accused with the role at par with the accused had been released by the police---Alleged recovery of weapon of offence from accused had become doubtful because the marginal witnesses of recovery memo. had submitted their affidavits which were part of the bail petition wherein both the witnesses had deposed that they had no knowledge about the alleged recovery from the accused---Petition for grant of bail was accepted, in circumstances.

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