NASEEM KHAN vs State S — 2024 MLD 7 PESHAWAR-HIGH-COURT

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NASEEM KHAN VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 427, 148, 149 & 109---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, rioting armed with deadly weapon, unlawful assembly, abetment---Bail, refusal of---Rule of consistency---Abscondance of accused---Inhuman nature of the accused---Petitioner was nominated through supplementary statement; and specific role of firing upon the deceased was attributed to him---Contention of the petitioner/accused was that other accused persons had already been granted bail---Validity---Record showed that the mother of the deceased had also charged the petitioner in her statement recorded under S. 164 of the Criminal Procedure Code, 1898---Record also revealed that previously the petitioner had been charged in cases of similar nature and in one such (murder) case the very deceased was the complainant in which attempt on his (deceased's) life was also alleged---Record (recovery of two empties from the spot, FSL report with regard to blood stained earth, post-mortem report etc.) in the present case, for being linked in a chain, prima facie, connected the petitioner with the commission of the offence---Role of firing having been attributed to the petitioner was quite different from those accused who had been enlarged on bail, thus rule of consistency was not attracted to the petitioner---Besides, the petitioner had absconded in the present case and proceedings under Ss. 87 & 204 of the Criminal Procedure Code, 1898, had been completed against him---Punishment provided for the offence fell within the prohibitory clause of S. 497 of Criminal Procedure Code, 1898---Prosecution, while furnishing number of FIRs against the petitioner, had submitted/stated about him to be a hardened, desperate and dangerous criminal---On account of inhuman and blood thirsty nature of the petitioner, the victims of his atrocities were scared and rarely charged him for cases like the present one---All probabilities with particular involvement of the petitioner in the present case disentitled him for grant of bail---Bail was declined to the petitioner, in circumstances.

NASEEM KHAN vs State S — 2024 MLD 7 PESHAWAR-HIGH-COURT

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