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FARMAN ULLAH vs State S — 2023 PCrLJN 48 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PCrLJN 48 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Parties
FARMAN ULLAH vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

FARMAN ULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd and common intention---Prompt FIR---Plea of juvenility---Scope---Accused along with his father and sister was charged for the murder of the husband of complainant---Matter was promptly reported with no mistaken identity and the motive was stated to be a dispute over the construction of a water tank---Accused was alleged to be not more than 13 years of age but despite an extract collected from the school register nothing was produced before the Court to confirm the plea taken, as such, concession of bail could not be extended to the accused---Accused was at liberty to raise similar contention before the lower court and apply for post arrest bail if some substantial evidence in respect of his age was collected, then too, the court would apply its judicial mind to the facts and circumstances of the case and the evidence collected---Petition for grant of bail was dismissed, in circumstances.

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