Moutbar Khan vs State S — 2024 MLD 1313 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

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

Moutbar Khan VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b), 324, 114 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, abettor present at the time of offence, abetment---Bail, grant of---Further inquiry---Prosecution case was that on the abetment of accused-petitioners, who were present at the time of occurrence, the co-accused committed murder of the son of complainant and caused firearm injuries to another person---Record showed that petitioners were empty handed at the time of occurrence and there was no allegation against them that either they caused any injury on the person of deceased or on the person of injured witness, rather, in the FIR only presence of the petitioners were shown at the spot and that instant occurrence was committed by co-accused at their abetment---No evidence of abetment had been mentioned by the complainant in the FIR---According to investigation of police, the petitioners were found guilty of abetment yet during investigation the police did not collect any cogent evidence in order to establish that petitioners conspired with their co-accused, instigated their co-accused or aided their co-accused for the commission of murder of the deceased or causing injury on the person of the injured witness and that fact had been admitted by the prosecution---Admittedly petitioners were real brothers of the co-accused who was principal accused in the case and previous enmity was also pending between the parties, therefore, prima facie, it seemed that complainant had widened the net and implicated the petitioners in the instant case on account of their relationship with the principal accused---Keeping in view the facts and circumstances of the case, the case of the petitioners came within the ambit of further inquiry---Petitioners were behind bars since their arrest and were no more required by the police for the purpose of further investigation---No useful purpose would be served by keeping the petitioners in jail for an indefinite period---Petition was accepted and accused-petitioners were admitted to bail, in circumstances.

Moutbar Khan vs State S — 2024 MLD 1313 GILGIT-BALTISTAN-SUPREME-APPELLATE-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 MLD