State vs SHABBIR HUSSAIN S — 2022 YLR 701 Gilgit-Baltistan Chief Court

Case information

Citation: 2022 YLR 701 Gilgit-Baltistan Chief Court
Year: 2022
Reporter: YLR
Parties: State vs SHABBIR HUSSAIN S
Subject matter: Criminal
Provisions referred to: 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

State VS SHABBIR HUSSAIN S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324 & 337-A---Qatl-i-amd, attempt to commit qatl-i-amd, shajjah---Bail, cancellation of---Scope---Complainant sought cancellation of bail granted to accused---Accused was directly charged in the FIR by the complainant with the allegation that the accused had hit the nephew of complainant by spade with intention to kill him---Police had recovered a spade without handle from the place of occurrence--- Accused himself had appeared at the police station by holding handle of spade and had stated that he had hit an unknown person with spade on his field; that the spade was left at the place of occurrence and that he had taken the handle of spade with him---Prima facie, no doubt regarding recovery of spade and its handle existed---Accused had admitted the commission of offence in front of prosecution witnesses---One of the witnesses had stated that the deceased went towards the house of accused by saying that the accused had to pay some amount to the deceased---Allegation on the deceased by the accused regarding rape of his wife by the deceased was not justified by any prosecution witness nor was there any statement of the victim which could substantiate stance of the accused---Plea of self-defence on the part of accused was not convincing---Offence with which the accused was charged provided for capital punishment where grant of bail to a nominated accused amounted to miscarriage of justice---Petition for cancellation of bail was accepted, in circumstances.

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