Citation Name: 2024 YLR 2111 PESHAWAR-HIGH-COURTBookmark this Case Hamza Khan vs State S — 2024 YLR 2111 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 2111 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 2111 PESHAWAR-HIGH-COURTBookmark this Case Hamza Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 302---K; S. 15-AA---Q; S. 161; S. 164; S. 497; Penal Code (XLV of 1860); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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 YLR 2111 PESHAWAR-HIGH-COURTBookmark this Case Hamza Khan VS State S. 497---Penal Code (XLV of 1860), S. 302---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15-AA---Qatl-i-amd, illegal possession of weapon---Bail, refusal of---Sufficient incriminating material against the accused---Complainant charged the petitioner for murder of his brother---Though the complainant was not an eye-witness of the occurrence and he had stated that he had been informed by two persons (purported to be eye-witnesses) about the occurrence, however, record showed that on the same day the statement of said eye-witnesses had been recorded under S.161, Cr.P.C, and, thereafter, on the third day, their statements were also recorded under S.164, Cr.P.C, who had singularly and directly charged the petitioners for commission of offence---Medico-Legal/post-mortem report also supported the version of complainant and thus, the petitioner / accused was prima facie connected with commission of offence of murder of deceased which was punishable with death or imprisonment with life, therefore, the same fell within the prohibitory clause of the S.497, Cr.P.C---Petitioner failed to make out his case for grant of bail---Bail was declined to the petitioner/ accused, in circumstances.

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