ALLAH DEWAYO SHAHANI vs State S — 2023 SCMR 1724 SUPREME-COURT

Case information

Citation: 2023 SCMR 1724 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: ALLAH DEWAYO SHAHANI 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

ALLAH DEWAYO SHAHANI VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 114, 147, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, refusal of---In the ocular account a specific role had been ascribed to the accused-petitioner---Admittedly death of deceased was caused due to fire arm injuries---All the accused persons, including the petitioner, were armed with firearm weapons, the details of which were mentioned in the FIR---Offence was said to have been committed by the petitioner and other co-accused when the complainant party was cultivating their own land, therefore, the possibility of common object which stands for and connotes a prearrangement and common intention/objective of committing the murder of the deceased could not be ruled out---Delay of one day in lodging FIR had already considered by the High Court with ample reasoning which was not fatal to the prosecution case in the given circumstances---Co-accused assigned a similar role to that of petitioner was refused pre-arrest bail by the High Court and he subsequently withdrew his bail application from the Supreme Court, as a result of which he was still behind bars---So far as the plea of alibi was concerned, no proper details were provided to demonstrate that the petitioner was actually behind bars in some other case and on which date and time he was released by the Magistrate in the other case---Petition for leave to appeal was dismissed, and petitioner was refused bail.

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