WALIULLAH vs YOUSAF KHAN S — 2022 YLRN 71 QUETTA-HIGH-COURT-BALOCHISTAN

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WALIULLAH VS YOUSAF KHAN S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 324, 504, 506, 427, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of peace, criminal intimidation, mischief causing damage to the amount of fifty rupees, rioting, rioting armed with deadly weapon, unlawful assembly---Application for cancellation of bail---Dismissal---Allegation against the accused was that he along with his co-accused murdered the brother of complainant by firing---Record transpired that the accused was not nominated in the FIR---Complainant subsequently implicated the accused in the crime through supplementary statement---Complainant had already nominated the father and brother of accused in the FIR, meaning thereby that complainant was present at the spot and knew to each other---No specific injury was attributed to the accused and only general allegation was levelled against him---Bail was granted by the court of competent jurisdiction on the basis of cogent reasons, the same could not be cancelled until and unless on exceptional grounds---Mere involvement of the accused in the alleged crime did not mean that he had committed the same---Prosecution was at liberty to bring cogent evidence to substantiate its case against the accused at the trial---No allegation that the accused had misused the concession of bail---Application for cancellation of bail was dismissed accordingly. Head NotesCase Description

WALIULLAH vs YOUSAF KHAN S — 2022 YLRN 71 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported