Citation Name: 2024 MLD 858 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Noor Jan vs State S

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Citation Name: 2024 MLD 858 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Noor Jan VS State S. 497---Penal Code ( XLV of 1860 ) , Ss. 302, 337-H(2), 147, 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly--- Post arrest bail , grant of---Delay in reporting crime---Mode and manner of the offence generalized in nature---Allegation levelled by the lady complainant against the petitioners (six in number) was that they (petitioners) ,along with two nominated and three unknown persons, made firing causing death of her son---Validity---Matter was reported to the levies after two and half hours of taking the occurrence, whereas the inter-se distance between the place of occurrence and Levies Station was 12 kilometers---Inordinate delay qua the time of occurrence and registration clearly revealed that possibility of deliberation and consultation could not be ruled out---Mode and manner of the offence were generalized in nature, which did not specify any of the accused of causing injuries to the deceased---Even the weapon used by the accused was not described in the crime report---Complainant nominated eight accused and three unknown persons in the FIR with the allegation that all of them made firing upon the deceased , however, he (deceased) sustained only a single shot, whereas none of the prosecution witnesses sustained even a scratch---Occurrence had taken place in the open and if there would have been any intent on the part of the petitioners nothing could restrain them from committing the occurrence in the broader spectrum---Record revealed that another application had been moved by another person in respect of the same incident and the Investigating Officer had submitted two separate Challans in respect of two versions ---No recovery , during the course of investigation, had been effected from the petitioners --- Said aspects attracted provision of S.497 (2) of the Criminal Procedure Code, 1898 entitling the petitioners for the grant of bail---Post-arrest bail was granted to the petitioners, in circumstances .

Citation Name: 2024 MLD 858 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Noor Jan vs State S — 2024 MLD 858 QUETTA-HIGH-COURT-BALOCHISTAN

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