Hazrat Khan vs State S — 2025 MLD 173 Gilgit-Baltistan Chief Court

Case information

Citation: 2025 MLD 173 Gilgit-Baltistan Chief Court
Year: 2025
Reporter: MLD
Parties: Hazrat Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; Penal Code (XLV of 1860); Explosive Substances Act (VI of 1908)

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

Hazrat Khan VS State S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Explosive Substances Act (VI of 1908), Ss. 3 & 5---Attempt to commit qatl-i-amd, common intention, making or possessing explosives under suspicious circumstances---Bail, grant of---Further inquiry---Accused-petitioner was charged that he along with his co-accused had attempted to commit murder of complainant by opening fire from outside of house of the complainant and one bullet hit the complainant---From perusal of contents of FIR it transpired that there was five hours delay in lodging FIR which had not been explained by the complainant---Complainant had stated in the FIR that he had old enmity with some other persons---Present petitioner was their relative, therefore, the petitioner and his co-accused might have opened fire on complainant---Complainant had not seen the petitioner/accused at the place of occurrence rather he had expressed suspicion that the accused/petitioner and his co-accused had opened fire on him---Prima-facie case of the petitioner was one of the further inquiry---Moreover, as per Computerized National Identity Card, date of birth of the petitioner was 1952 as such he was of advanced age of 73 years as such the petitioner had made out a case for grant of bail---Prosecution had alleged that the present petitioner was involved in other criminal cases therefore, he was a habitual offender, however mere involvement of an accused in other criminal cases without any conviction in any case could not be a ground to withhold the concession of bail---Bail petition was allowed, in circumstances.

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