BAKHTI RAHMAN vs State S — 2023 SCMR 1068 SUPREME-COURT

Case information

Citation: 2023 SCMR 1068 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: BAKHTI RAHMAN 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

BAKHTI RAHMAN VS State S. 497---Penal Code (XLV of 1860), Ss. 337-F(i), 337-A(ii), 337-A(iii) & 34---Constitution of Pakistan, Art. 185(3)---Ghayr-jaifah, shajjah-i-mudihah, shajjah-i-hashimah, common intention---Bail, refusal of---Rule of consistency not applicable---All the accused persons had been assigned their roles in the FIR but the effective role had been attributed to the present accused, hence his role was rightly found distinguishable from the role assigned to the other co-accused---First Information Report as well as the site plan and the medico legal report fully supported the prosecution case---Police recovered blood from the spot along with blood stained garments of the complainant and also recovered two iron rods as the weapons of the offence---So far as the rule of consistency or parity for considering the grant of bail to the accused was concerned, in the present facts and circumstances of the case the roles of the co-accused who were granted bail were distinguishable to the role assigned to the accused who caused the fatal injury to the complainant---Petition for leave to appeal was dismissed, leave was refused, and accused was refused bail.

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