Nouman Ali vs State S — 2025 YLR 687 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 YLR 687 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: YLR
Parties: Nouman Ali vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 164; 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

Nouman Ali VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b), 109 & 34---Qatl-i-amd, abetment, common intention---Bail, grant of---Further inquiry---Record showed that it was a case of three versions: firstly, as spelt out from the contents of the crime report the complainant was not the eye-witness of the alleged occurrence and she had charged one "MA" on the basis of suspicion, secondly, complainant on 19.07.2024 had recorded her statement under S.164, Cr.P.C, whereby she had charged said "MA" along with present petitioner and, thirdly, the mother of the deceased submitted an application to the local SHO, whereby, she had charged another person---In the given facts and circumstances, which version of the complainant party was true and correct, was to be determined by the Trial Court after recording of pro and contra evidence---At the moment, the case of the accused/petitioner rightly fell within the ambit of further inquiry---In such a situation, it would be better to keep an accused person on bail than in the jail, during the trial---Accused/petitioner had made out a case for the grant of bail---Accordingly, bail application was allowed, in circumstances.

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