Khaista Akbar vs State S — 2026 MLD 394 PESHAWAR-HIGH-COURT

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Khaista Akbar VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, grant of---Further inquiry---Allegation against the accused-petitioner was that he along with his co-accused made firing upon the complainant party, due to which father of the complainant got hit and succumbed to his injuries at the spot, while complainant remained unhurt---Perusal of record suggested that in the FIR complainant himself admitted that after the occurrence the present accused/petitioner along with co-accused decamped to nearby Forest---However, site plan/map reflected that on north side there were mountains, on west and south there was barren land, while on east side was property of complainant---There was no mentioning of "Forest" at all in the site plan---Said aspect of the case clearly suggested that the occurrence had not taken place in the mode and manner as described by the prosecution---Moreover, perusal of Medico-Legal Report reflected that deceased received two firearm injuries at his person but it would be determined at the time of trial that whose shot proved fatal---Apart from that fact the complainant had been shown at point No. 2, while accused/petitioner had been shown at point No. 4; and the distance between points 2 and 4 was 244 paces, so, the identification from such a distance one a question which made the case of prosecution one of further probe---Thus, in the said circumstances sufficient doubt was created in the mind of the Court regarding site plan, coupled with the fact that whose shot proved fatal which caused the death of deceased, a case of 'further inquiry' was made out in favour of the petitioner for the purposes of grant of bail---Bail application was allowed, in circumstances.

Khaista Akbar vs State S — 2026 MLD 394 PESHAWAR-HIGH-COURT

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