HILAL KHATTAK vs State S — 2023 SCMR 1182 SUPREME-COURT

Case information

Citation: 2023 SCMR 1182 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: HILAL KHATTAK 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

HILAL KHATTAK VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 311, 324, 452, 365, 337-A(ii), 148 & 149---Qatl-i-amd, house-trespass, kidnapping or abducting with intent secretly and wrongfully to confine person, rioting armed with deadly weapons, unlawful assembly---Bail, refusal of---Allegations against the accused as to his involvement in the crime were supported by the statements of witnesses recorded by the investigating officer under section 161 of the Code of Criminal Procedure 1898 ("Cr.P.C."), which included the statements of the injured witness, and three female residents of the house where the incident took place, in addition to the statement of the complainant whose son had died in the incidence---Incident was further supported by the footage recorded on the CCTV camera of a neighbouring house---Sufficient incriminating material was thus available on the record of the case to connect the accused with the commission of the alleged offences---Accused, therefore, had no case for grant of bail under subsection (2) of section 497, Cr.P.C.---In the facts and circumstances of the case the accused was not entitled to the relief of bail even if the question of his vicarious liability for the offence of qatl-i-amd was left to be determined in trial---Petition for leave to appeal was dismissed, leave was refused, and accused was refused bail.

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