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Citation Name: 2024 YLR 2127 PESHAWAR-HIGH-COURTBookmark this Case Mubashir Ahmad vs State S — 2024 YLR 2127 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 2127 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 2127 PESHAWAR-HIGH-COURTBookmark this Case Mubashir Ahmad 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 YLR 2127 PESHAWAR-HIGH-COURTBookmark this Case Mubashir Ahmad VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 427 & 34---Qatl-i-amd, mischief causing loss or damage to the amount of fifty rupees, common intention---Bail, refusal of---Record reflected that the petitioner was driving the motorcycle on which co-accused was sitting behind, who opened firing at the complainant party, as a result of which, one person was killed---Moreover, it was found that it was the petitioner who played the role of a facilitator---It was not material to see as to whose fire hit whom as the common attack launched by the accused with co-accused indicated their common intention, as such, every accused would be liable to the criminal act as if it was done by him alone---Complete challan had been put in the Court and the trial had commenced and in such like cases, accused should not be released on bail when his trial is in progress---Thus, while making tentative assessment of evidence on file and keeping in view the factum of previous blood feud between the parties vis-à-vis the role of facilitation so played, the common intention of the petitioner/accused to do away with the life of the deceased was apparent at present stage---Petitioner/accused being prima facie connected with the commission of the offence was not entitled to the concession of bail---Bail petition was dismissed, in circumstance.

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