Moatabar Khan vs Zaheer Abbas S — 2024 MLD 1394 Gilgit-Baltistan Chief Court

Case information

Citation: 2024 MLD 1394 Gilgit-Baltistan Chief Court
Year: 2024
Reporter: MLD
Parties: Moatabar Khan vs Zaheer Abbas S
Subject matter: Criminal
Provisions referred to: S. 497; S. 109; 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

Moatabar Khan VS Zaheer Abbas S. 497 (5)---Penal Code (XLV of 1860), Ss. 302, 324, 337-A(1), 337-F(v), 109 & 34---Qatl-i-amd, attempt to qatl-i-amd, shajjah-i-khafifa, ghayr-jaifah hashima, abetment, common intention---Petition for cancellation of bail, dismissal of---Complainant sought cancellation of bail granted to the accused---Record revealed that the Police had involved the respondent / accused in the offence of abetment under S.109, P.P.C., but no direct evidence against him was available on the record---Lady (prosecution witness )being an eye-witness of the occurrence had sustained injury in the occurrence---Said witness had not uttered a single word against the respondent /accused in her statement recorded under section 164, Cr.P.C, by the concerned Judicial Magistrate---Thus, the Trial Court had rightly granted bail in favour of the respondent /accused---Even otherwise, the petitioner / complainant had failed to mention any of the acclaimed principles / conditions , the respondent /accused had violated on the basis of which his bail could be cancelled---Petition under S. 497(5), Cr.P.C, was dismissed, in circumstances.

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