ABDUL HAMEED vs State S — 2023 YLR 479 ISLAMABAD

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ABDUL HAMEED VS State S. 497---Bail---Scope---No hard and fast rule exists to give exhaustive reasoning, while deciding a bail matter as only tentative assessment is to be made but it does not mean that the bail order is made in a slipshod manner without appreciating material facts---Such type of dispensation, in no way, can be termed justified, well-reasoned and in accordance with the principles of natural justice---I such does not qualify status of a well-reasoned order, being devoid of reasons, rational with the facts of the case. Citation Name: 2023 YLR 479 ISLAMABADBookmark this Case ABDUL HAMEED VS State S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 201 & 34---Qanun-e-Shahadat (10 of 1984), Art. 40---Qalt-i-amd, causing disappearance of evidence of offence or giving false information to screen offender and common intention---Bail cancellation of--- Information received from the accused may be proved--- Scope--- Accused, during investigation, had disclosed all the material particulars with regard to hatching of conspiracy for the murder of her husband---Perusal of disclosure made by the accused revealed that she had got married with the deceased and just after 28 days of the marriage, she in connivance with the co-accused hatched a conspiracy in order to get rid of her husband, wherein she had played an active role---Accused had given some amount to co-accused for the purchase of pistol in order to fulfill her evil design---In addition, she had treacherously made her husband travel along with her to the place of incident---Co-accused had got recovered the crime weapon which, as per report of Forensic Laboratory, had matched with the empties collected from the crime scene---Disclosure attributed to accused was not a simple disclosure but her disclosure ostensibly fell within the ambit of Art. 40 of the Qanun-e-Shahadat, 1984---Alleged offence not only fell within the ambit of prohibitory clause of S. 497, Cr.P.C., but also entailed capital punishment---Impugned order was not legally sustainable, it was accordingly set aside and the post-arrest bail granted to the accused was recalled. Citation Name: 2023 YLR 479 ISLAMABADBookmark this Case ABDUL HAMEED VS State art. 40---Information received from accused may be proved---Scope---If the statement of accused before the police is supported by the discovery of a new fact it may be presumed to be true and not to have been extracted---There should be information or statement of the accused before the police and on the basis of said information or disclosure, a new fact is discovered.

ABDUL HAMEED vs State S — 2023 YLR 479 ISLAMABAD

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