Citation Name: 2023 MLD 520 PESHAWAR-HIGH-COURTBookmark this Case SHAD NABI vs NAIMAT KHAN S — 2023 MLD 520 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 520 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 520 PESHAWAR-HIGH-COURTBookmark this Case SHAD NABI vs NAIMAT KHAN S
Subject matter: Criminal
Provisions referred to: S. 497---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

Citation Name: 2023 MLD 520 PESHAWAR-HIGH-COURTBookmark this Case SHAD NABI VS NAIMAT KHAN S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention--- Bail, refusal of--- Absconsion--- Rule of consistency---Scope---Accused along with two others was alleged to have murdered the brother the complainant---30 empties of 7.62 bore were retrieved from the spot which as per the report of Forensic Laboratory had been fired from different weapons---Given the fact that the accused along with his co-accused had been directly nominated by the complainant for firing at his deceased brother with their respective firearms with which he sustained multiple firearm injuries and died on the spot, coupled with the report of Forensic Laboratory pointing towards the involvement of more than one accused in the commission of offence, the accused was prima facie connected with the commission of offence attracting prohibitory limb of S. 497, Cr.P.C.---Argument that co-accused with a similar role of firing at the deceased had been acquitted by the Trial Court carried little weight---While co-accused had faced trial, the accused had preferred to abscond and had surrendered barely a month after the acquittal of his co-accused---Moreover, the other co-accused was still fugitive from law---Bail application was dismissed, in circumstances.

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