GUL GHAJAN vs State Ss — 2022 YLRN 152 PESHAWAR-HIGH-COURT

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GUL GHAJAN VS State Ss. 497(1), 497(5) & 164---Penal Code (XLV of 1860), Ss.302, 427 & 34---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S.15---Qatl-i-amd, mischief causing damage to the amount of fifty rupees---Unlicensed possession of arms---Bail, cancellation of---Power to record statements and confessions---Delayed in recording statement---Effect---Accused sought post arrest bail whereas son of complainant sought cancellation of bail granted to two co-accused persons---Occurrence was initially reported by S.H.O. (Station House Officer) on the basis of which FIR (First Information Report) was registered against unknown culprits---Eye-witness had got recorded his statement under S. 164, Cr.P.C. after about three months and 21 days of the occurrence wherein he had charged four persons for the murder---Statement depicted that the witness had not given specific role of firing to any of the four accused---Doctor had not explained the injuries to be the result of firearm, sharp weapon or otherwise---No marks of violence were noticed on the body of the deceased---Authenticity of weapons recovered on the indication of accused persons could not be adjudged as the nature of injuries were uncertain---Participation of accused in the commission of offence required further probe---Petition for grant of bail was accepted and the petition for cancellation of bail was dismissed, in circumstances. Head Notes

GUL GHAJAN vs State Ss — 2022 YLRN 152 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported