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Makhdoom Haider Shah vs Mustafa Haider Shah S — 2025 MLD 397 PESHAWAR-HIGH-COURT

Case information

Citation
2025 MLD 397 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
MLD
Parties
Makhdoom Haider Shah vs Mustafa Haider Shah 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

Makhdoom Haider Shah VS Mustafa Haider Shah S. 497(5)---Penal Code (XLV of 1860), Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Petition for cancellation of bail, dismissal of---Accused-respondent was charged that he along with his co-accused committed murder of the father, uncle, brother and cousin of the complainant---Both the parties stated that the trial in the case had already commenced, however, the petitioner stated that the trial was even in progress at the time of granting bail to the other co-accused, therefore, only commencement of trial may not be considered as a ground for dismissal of present bail cancellation application---When the trial is about to commence bail cancellation petition should not be encouraged so as to avoid any discussion or remarks on merits of the case---Similarly, the Court should not grant or cancel bail when the trial is in progress---Even otherwise, once bail is granted by a Court of competent jurisdiction, then very strong and exceptional grounds would be required to recall and cancel the same---Present petition was meritless and the same was dismissed, in circumstances.

Other judgments reported in 2025 MLD

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