FAZAL RABI vs STATE S — 2026 YLR 1070 PESHAWAR-HIGH-COURT

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FAZAL RABI VS STATE S. 497---Penal Code (XLV of 1860), Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Allegations against the accused-petitioner was that he along with co-accused committed murder of the deceased and caused injuries to injured and made ineffective firing upon complainant and his brother---Perusal of record revealed that the accused petitioner had, though generally, however, directly been charged by name in promptly lodged report for committing the murder of deceased as well as effective firing at injured, and ineffective firing upon complainant and eyewitness---Besides complainant, the occurrence had been witnessed by injured and other brother of complainant who, in their statements recorded under S.161,Cr.P.C., had duly charged the accused petitioner along with other co-accused for commission of the offence---Medical evidence in shape of Postmortem Report of the deceased and Medico-Legal Report of the injured fully supported the prosecution version---Motive for the occurrence as disclosed by the complainant was a fight between children of both the parties---Recovery of blood from the spot and blood stained garments of the deceased and injured further supplemented the prosecution version---Accused petitioner after the commission of the offence went into hiding and remained absconder for almost 23 years---No doubt, bail to an accused person could not be refused on the sole ground of abscondance, however, when the prosecution version got support from other evidence available on record, abscondance could be taken as a circumstance for refusal of bail---Such long unexplained abscondance spoke volume of guilty conscience of accused petitioner and thus, he lost some of his normal rights to seek bail---Bail petition was dismissed, in circumstances.

FAZAL RABI vs STATE S — 2026 YLR 1070 PESHAWAR-HIGH-COURT

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