Arshad vs State S — 2025 PCrLJ 1573 PESHAWAR-HIGH-COURT

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Arshad VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 114, 311 & 34---Qatl-i-amd, abettor was present when the offense was committed, ta'zir after waiver or compounding of the right of qisas in qatl-i-amd, common intention---Bail, dismissal of---Honour killing---Compromise effected---Allegation against the petitioner-accused was that he committed murder of his wife and brother by firing due to their illicit relations---Allegedly, compromise had been effected between the parties, thus petitioner claimed bail on such compromise---Honour crime or offence committed in the name or on the pretext of honour as prima facie emerging in the present case---Section 345(7), Cr.P.C., put an embargo on compounding the offence of murder, if committed on the pretext of honour---Apart from that, the present accused-petitioner had specifically been charged for committing the murder of his wife and brother inside the premises of their house---Complainant of the present case was nobody else but real brother of the male deceased and that of present petitioner, therefore, the possibility of substitution was next to impossible---Medico-Legal/post mortem reports of both the deceased were adamant of the fact that they had received multiple firearm injuries on different parts of their bodies---Moreover, there was also a recovery of weapon of offence i.e. a .30 bore pistol, on pointation of the present accused-petitioner along with a positive Forensic Science Laboratory Report, whereby it was opined that the five crime empties were fired from one and the same weapon---Therefore, it prima facie seemed that it was the job of one assailant---On the basis of tentative assessment of the record, accused-petitioner was prima facie connected with the commission of an offence which fell within the prohibitory clause of S.497,Cr.P.C, as such, he was not entitled to the concession of bail, even on merits---Bail petition being meritless was dismissed, in circumstances.

Arshad vs State S — 2025 PCrLJ 1573 PESHAWAR-HIGH-COURT

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