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Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED vs State S — 2023 PCrLJ 1508 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PCrLJ 1508 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
PCRLJ
Parties
Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 302---Q; S. 497---B; 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 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED VS State S. 497(5)---Bail, cancellation of---Scope---Where bail granting order is perverse, arbitrary or based on irrelevant considerations, same may well be recalled. Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED VS State Ss. 497(5) & 161---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, cancellation of---Examination of witnesses by police, delay in---Scope---Where bail was granted on the ground that the statement of an eye-witness had been recorded after a delay of almost one month, the High Court observed that the prosecution also had other evidence against the accused---Evidence included the statement of the complainant and other corroboratory evidence such as the post-mortem report and the recovery of the weapon of offense---Therefore, the fact that the statement of one of the witnesses had been recorded with a delay of 35 days was not sufficient to warrant further inquiry in the case---Bail granted to the accused was cancelled, in circumstances. Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED VS State S. 497(5)---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, cancellation of---Scope---Bail was granted on the ground that, in the FIR, the complainant had stated that firing had been made with a .30 bore pistol, while later on, a 9mm pistol had been recovered on the indication of the accused---High Court observed that pistols of .30 bore and 9mm were manufactured by numerous local and foreign manufacturers in different shapes and models---Just seeing a pistol in somebody else's hand was not always sufficient to determine its bore with exactitude---Bail granted to the accused was cancelled, in circumstances. Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED VS State S. 497---Bail---Amount of surety bond---Scope---Where accused is being released on bail, his surety bonds should be procured from him in a reasonable amount which is sufficient for ensuring his presence and attendance before the Trial Court. Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED VS State S. 497(5)---Bail, cancellation of---Scope---Where bail granting order is patently illegal, erroneous, factually incorrect and causes miscarriage of justice, then the same may be recalled. Citation Name: 2023 PCrLJ 1508 PESHAWAR-HIGH-COURTBookmark this Case SAJJAD AHMED VS State S. 497(5)---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, cancellation of---Rule of consistency---Scope---Where bail was granted on the rule of consistency, the High Court observed that the co-accused had been treated as having a role at par with the accused, without realizing the fact that the role of causing a firearm injury to the deceased had solely been attributed to the accused by the complainant---Bail granted to the accused was cancelled, in circumstances.

Other judgments reported in 2023 PCRLJ

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