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Citation Name: 2024 PCrLJ 1305 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ali Bukhsh vs State S — 2024 PCrLJ 1305 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 PCrLJ 1305 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
PCRLJ
Parties
Citation Name: 2024 PCrLJ 1305 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ali Bukhsh vs State S
Subject matter
Criminal
Provisions referred to
S. 497; 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

Citation Name: 2024 PCrLJ 1305 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Ali Bukhsh VS State S. 497(2)---Penal Code (XLV of 1860),Ss. 302(b) & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Allegation against the applicants/accused was that they in furtherance of their common intention made firing upon the brother of the complainant, due to which he died---Though the applicants were nominated in the crime report with the role of firing, but mere nomination in the FIR did not disentitle the accused from concession of bail---Bail could not be withheld as punishment---Purpose and object of bail was to transfer the custody of accused form government agency to surety, who was bound to produce the accused on each and every date of hearing---Record revealed that the accused had not caused any injury to the deceased rather the witnesses specifically assigned the role of causing injuries to the deceased to an absconding accused---No allegation was made that the applicant made direct firing upon deceased---Role assigned to the accused was only of aerial firing---Court can grant bail to an accused at any stage provided that the accused has successfully made out a case for further inquiry---Court while deciding bail application is to make tentative assessment and it is not permissible to go into the minute details of the evidence that may cause prejudice to either of the party---Similarly, the Court can not decide the bail application without going through the case file---Bail application can not be decided in vacuum---Occurrence took place in broad-day light---Parties were known to each other, thus there was no question of mistaken identity of the accused---Question of common intention was yet to be determined by the Trial Court after recording evidence---Bail application was allowed, in circumstances.

Other judgments reported in 2024 PCRLJ

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