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Kashif Hussain vs State S — 2024 MLD 1777 Gilgit-Baltistan Chief Court

Case information

Citation
2024 MLD 1777 Gilgit-Baltistan Chief Court
Year
2024
Reporter
MLD
Parties
Kashif Hussain vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

Kashif Hussain VS State S. 497---Penal Code (XLV of 1860), Ss. 324, 337-D, 34, 147 & 148---Attempt to commit qatl-i-amd, common intention, rioting armed with deadly weapons---Bail, grant of---Rule of consistency---Accused was charged for making firing in order to spread fear and terror, due to which complainant was hit and became injured---Petitioner/accused was not directly nominated in the FIR and no specific role hadbeen attributed to him in the occurrence and investigation of the case had been completed by the prosecution and there was no ocular evidence of the occurrence---Co-accused of the present petitioner who were attributed similar role, had been released on bail by the Trial Court---Another co-accused of the present petitioner had been released on bail by the Chief Court and the case of accused/petitioner was at par with the other accused hence, he was also entitled for grant of post arrest bail on the principle of consistency---Bail is not to be withheld as punishment---There was no legal and moral compulsion to keep the people in jail merely on the allegation that they have committed offences punishable with death or life imprisonment, unless reasonable grounds exist to disclose their involvement---Petition was allowed and the present petitioner/accused was admitted to post arrest bail.

Other judgments reported in 2024 MLD

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