DILSHAD KHAN vs State S — 2022 YLR 831 ISLAMABAD

Case information

Citation: 2022 YLR 831 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: YLR
Parties: DILSHAD KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 491; 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

DILSHAD KHAN VS State S. 498---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Pre-arrest bail, refusal of---Plea of alibi---Scope---Accused was nominated in the FIR with a specific role of committing qatl-i-amd of complainant's daughter---Complainant was also an eye-witness of the occurrence---Deceased and accused were married in the year 2008, out of the wedlock a son was born in the year 2009 and thereafter in the year 2013 the accused had pronounced divorce---Minor son was living with his father but when he grew up, he wanted to live with his mother---Accused was not happy, therefore, he filed an application under S. 491, Cr.P.C. wherein he had alleged that his son was abducted by the deceased---Deceased in the year 2020 had submitted an application to the S.H.O. (Station House Officer) wherein it was mentioned that some unknown persons while riding a bike had come close to her, had issued threats, had also shown some weapons and had stated that leave her son---Deceased had further stated in the application that it was second attack upon her---Plea of alibi, as raised by the accused, could only be considered by the Trial Court after recording of evidence---Accused had failed to make out a case for grant of pre-arrest bail---Petition was dismissed, in circumstances.

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