QUDRAT ULLAH vs State S — 2024 MLD 101 PESHAWAR-HIGH-COURT

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QUDRAT ULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149---Qatl-i-amd, attempt to qatl-i-amd, rioting armed with deadly weapon, and unlawful assembly---Bail, refusal of---Cross-version, registration of---Scope ---Offence falling under the prohibitory clause of the S. 497 of the Criminal Procedure Code, 1898---Record revealed that the occurrence took place at 09:45 hours which was promptly reported at concerned D.H.Q Hospital at 10:45 hours and in his report the complainant had specifically charged the petitioner/accused for effective firing upon the deceased with the intention to cause death---During investigation two empties .30 bore were recovered from the spot and the medical evidence, prima facie, supported the prosecution's version---Petitioner/accused had also made a report to the local Police on the same day of occurrence ; and though it was a question for the Trial Court to decide as to whether the same could be taken as cross-version, however, for the time being his injury was on heel of foot and the same was reported to the local Police in the DHQ Hospital at 11:45 hours i.e. after a delay of one hour and 20 minutes---Number and nature (blunt) of injuries to the petitioner mentioned in Medico Legal Report contradicted the injury sheet prepared by the concerned Police Officer, hence the story of firing by the complainant upon him the resulting injury to him and causing death of the deceased was not prima facie possible---There was sufficient material on record to show that the petitioner/accused was involved in an offence which fell within the prohibitory clause of S. 497 of the Criminal Procedure Code, 1898---Mere lodging of cross-version/FIR was no ground for grant of bail to the petitioner/accused when he was otherwise found connected with the crime---Bail was declined to the petitioner/accused, in circumstances.

QUDRAT ULLAH vs State S — 2024 MLD 101 PESHAWAR-HIGH-COURT

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