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Ibrahim vs State S — 2025 YLR 390 PESHAWAR-HIGH-COURT

Case information

Citation
2025 YLR 390 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2025
Reporter
YLR
Parties
Ibrahim vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

Ibrahim VS State S. 497---Penal Code (XLV of 1860), Ss. 324, 337-A(i), 337-F(iii), 148 & 149---Attempt to commit qatl-i-amd, shajjah-i-khafifah, ghayr-jaifah-mutalahimah, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Rule of consistency---Petitioner (accused) was charged that he along with his co-accused made firing upon the complainant party, due to which three persons sustained fire arm injuries---Perusal of record revealed that five persons had been charged by complainant in the FIR for commission of offence, out of which petitioner and a co-accused had been assigned role of causing firearm injuries to two persons---One victim had sustained injuries on his right leg from alleged firing of petitioner, which was non-vital part of the body coupled with the fact that petitioner had not repeated fire shots, which showed that petitioner had no intention to kill the injured therefore mens rea of petitioner at the time of commission of offence could best be determined by Trial Court after recording prosecution evidence---No crime weapon had been recovered from immediate possession of petitioner or at his instance and pointation---Co-accused to whom similar role of causing firearm injuries to the other injured was attributed, had already been released on bail by Judicial Magistrate, therefore, petitioner having been assigned identical role as that of co-accused, was also entitled to concession of bail on the plea of principle of consistency---Nothing was on record regarding previous conviction or involvement of petitioner in similar offences, and he was behind the bars since his arrest and was no more required by the investigation agency for further interrogation---Bail petition was allowed, in circumstances.

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