Akhlaq Ahmed vs State S — 2025 MLD 267 Gilgit-Baltistan Chief Court

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Akhlaq Ahmed VS State S. 497---Bail order---Observations of Court---Scope---Observations made in the bail order are tentative in nature, which should not influence the Trial Court to decide the matter on merits in accordance with law/evidence to be produced by the prosecution. Citation Name: 2025 MLD 267 Gilgit-Baltistan Chief CourtBookmark this Case Akhlaq Ahmed VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention, intentional omission to give information of offence by person bound to inform---Bail, grant of---Further inquiry---Accused-petitioner was charged that he along with his co-accused committed murder of the deceased by firing and buried the dead body of deceased in their field---Although, petitioner/accused was directly nominated in the FIR but no specific role had been attributed to the accused/petitioner in the occurrence---No incriminating article/material had been recovered from the possession of the petitioner/accused so far---Father of the accused/petitioner who was also co-accused in the case had not stated a single word against him in his statement recorded under S.161, Cr.P.C rather father of accused/petitioner had stated that his other son/accused had committed murder of deceased by firing with 30-bore pistol---Weapon of offence i.e. 30 bore pistol and dead body of the deceased were recovered on the pointation of the co-accused---From tentative assessment of material collected by the police during investigation of the case it appeared that the police had failed to collect any cogent/reliable evidence against the present petitioner/accused---Perhaps the petitioner had been involved in the instant case for the offence under S.202, P.P.C and punishment prescribed for the offence under S.202, P.P.C is six months imprisonment, as such, the said offence/ section did not fall within the ambit of prohibitory clause of S.497, Cr.P.C, thus, the petitioner had been able to make out a case for grant of bail---Bail petition was allowed, in circumstances.

Akhlaq Ahmed vs State S — 2025 MLD 267 Gilgit-Baltistan Chief Court

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