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Mst. NAVEEDA vs State S — 2023 PCrLJN 76 PESHAWAR-HIGH-COURT

Case information

Citation
2023 PCrLJN 76 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Parties
Mst. NAVEEDA vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 302---Q; 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

Mst. NAVEEDA VS State S. 497(5)---Penal Code (XLV of 1860), S. 302---Qatl-i-amd---Bail, cancellation of---Absence of prosecution witness---Scope---Prosecution sought cancellation of bail granted to accused---Out of total 17 prosecution witnesses, eight witnesses had been examined; but, the star witness of the prosecution was the complainant, who was summoned time and again; however, he had failed to appear before the court and according to report, he had gone abroad for earning his livelihood and as such there was no hope of his appearance before the Court---Accused could not be kept behind the bars for an indefinite period; particularly, when the Trial Court was unable to conclude and decide the fate of the case---Trial Court had no option but to adjourn the case sine die, till the arrival and appearance of the complainant before the Court for recording of his evidence---Application for cancellation of bail was dismissed.

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