AFRASIAB KHAN vs State S — 2024 MLD 180 PESHAWAR-HIGH-COURT

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AFRASIAB KHAN VS State S. 497(2)---Penal Code ( XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to qatl-i-amd and common intention---Bail, grant of---Further inquiry---Multiple versions about one occurrence---Nomination through the statement recorded under S. 164, Cr.P.C.---Delay in recording S. 164, Cr.P.C. statement---Record revealed that the occurrence had taken place at midnight i.e. 01:00 hours and initially nobody was directly charged by complainants for double murder---Complainants in their statements recorded under S. 164 of the Criminal Procedure Code, 1898, nominated the petitioner, along with co-accused, for the death of the deceased persons, however, none of them had disclosed the source on the basis of which they got satisfied about the complicity of the petitioner/accused in the commission of offence---There was a delay of about 16 days in recording said statement (under S. 164, Cr.P.C, 1898), which had not been plausibly explained---Evidentiary value of such statements would be determined during trial and no explicit reliance could be placed on said statements at the bail stage---Occurrence was unseen one and, so far, no witness having seen the petitioner/accused while committing the alleged offence had come forward before the Investigating Officer to depose regarding his involvement in the deaths of the deceased---Petitioner/accused was allegedly injured too in the (same) occurrence for which a report was also lodged---After the nomination of the petitioner, along with co-accused, the Investigating Officer prepared two other/more site plans in addition to one already prepared for the other version---Three different reports in respect of the same alleged occurrence had been lodged, therefore, it was yet to be proved during trial that which one amongst the three versions would be correct by proving through convincing and reliable evidence---Case of the petitioner/accused was one of further inquiry into his guilt---Bail was granted to the petitioner, in circumstances.

AFRASIAB KHAN vs State S — 2024 MLD 180 PESHAWAR-HIGH-COURT

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