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Citation Name: 2024 YLR 595 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case REHMATULLAH vs State S — 2024 YLR 595 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 595 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 595 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case REHMATULLAH vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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 595 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case REHMATULLAH VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 337-A(ii), 337-F(ii), 147, 148, 149 & 109---Qatl-i-amd, shajjah-i-mudihah, causing badi'ah, rioting, rioting armed with deadly weapon, unlawful assembly, abetment---Bail, refusal of---Plea of statutory delay in conclusion of trial rejected---Accused were charged for committing murder of the nephew of complainant and causing firearm injuries to his son---Though S. 497(1), clause (b), Cr.P.C. stipulated that any one accused of an offence punishable with death, who had been detained for such offence for a continuous period exceeding two years and in case of a woman exceeding one year, and whose trial for such offence had not concluded, was entitled for concession of bail but the perusal of said provision revealed that the bar had been imposed upon those accused who in the opinion of the Court were hardened desperate or dangerous criminals---Perusal of record of present case showed that there was allegation of illegal business of drugs against the accused persons---Record further revealed that on 12.02.2020 the accused persons allegedly attacked upon nephew of complainant and thereafter on 13.02.2020 the nephew of complainant was murdered---Bar contained in proviso to 497(1), Cr.P.C. was attracted to the case of the accused persons and it was not necessary that such bar was only attracted to the case of previous convicts---Bail application being without any merit was dismissed, in circumstances.

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