MUHAMMAD BASHIR vs Muhammad Saeed Khan S — 2022 YLR 2373 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 YLR 2373 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: YLR
Parties: MUHAMMAD BASHIR vs Muhammad Saeed Khan S
Subject matter: Criminal
Provisions referred to: S. 497---; S. 20---P; S. 497; 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 BASHIR VS Muhammad Saeed Khan S. 497---azad Jammu and Kashmir Offences against Property (Enforcement of Hudood) act (XII of 1985), S. 20---Penal Code (XLV of 1860), Ss. 354 & 458---Haraabah---assault or criminal force to woman with intent to outrage her modesty---Lurking house-trespass or house breaking by night after preparation for hurt, assault or wrongful restraint---Bail, refusal of---Scope---accused along with others was alleged to have committed dacoity---accused was investigated on suspicion and was found guilty---Family members of the complainant had also identified the accused---Dagger and a certain amount was also recovered from the possession of the accused---So far as the plea of non-determination of role of the accused was concerned, High Court observed that in the offences of robbery, dacoity, etc. individual role of an accused did not matter much and every participant regardless of his role could be considered an accused of equal share---No mala fide intent or motive was found on the part of the complainant to falsely implicate the accused---Investigation had not been concluded so far and in terms of penalty provided for the offences, the matter fell within the ambit of prohibitory clause of S. 497, Cr.P.C.---accused was not entitled for the concession of bail---appeal was dismissed.

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