HASHMAT vs State S — 2023 YLRN 57 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

HASHMAT VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 427---Qatl-i-amd, rioting, armed with deadly weapon, common object, mischief causing damage to the amount of fifty rupees---Bail, refusal of---Absconsion of accused---Acquittal of co-accused persons---Scope---Allegation against accused was that he along with others fired at the brother of complainant as a result of which he died at the spot---Accused along with co-accused was directly charged with specific role of firing at the deceased in a promptly lodged report by the complainant eliminating the possibility of consultation and deliberation in making report---Being a broad day light occurrence, question of mistaken identity also did not arise---Version of complainant was substantiated by an eye-witness in his statement recorded under S. 161, Cr.P.C.---Absconsion of accused for more than two years corroborated the ocular version of the prosecution---Acquittal of co-accused, as pointed out by the accused, alone could not be made a ground for his release on bail as evidence which was to be led against the accused was to be appreciated and looked into independently---On tentative assessment of the material available on record, reasonable grounds existed which prima facie connected the petitioner with the commission of offence which entailed capital punishment and fell within the prohibitory clause of S. 497, Cr.P.C.---Petition for grant of bail was dismissed, in circumstances.

HASHMAT vs State S — 2023 YLRN 57 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported