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Petitioner: Ghulam Abbas VS Respondent: The State and Another
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Umar Ata Bandial, Faisal Arab Title: Ghulam Abbas vs The State and Another Case No.: Criminal Petition No. 445 of 2020 Date of Judgment:2020-06-04 Reported As: 2021 P SC (Crl.) 516, 2020 SCMR 1198 Result: Bail refused
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Abdul Latif, deceased, along with Muhammad Hanif and Hafiz Muhammad Rafique, PWs, was on way to attend Court proceedings on 22.12.2004 when at 8:15 p.m. within the remit of Police Station City Dera Ismail Khan, Ghulam Abbas petitioner, on a motorbike, driven by co-accused, subsequently identified as Iftikhar Ahmed, intercepted the entourage; repeated fire shots fatally hit the deceased while Muhammad Hanif PW survived the gunshot. Previous blood feud is cited as motive for the crime. Petitioner stayed away from the law and was finally arrested on 14.1.2020; co-accused was acquitted during his absence. 2. Heard. Record perused. 3. Acquittal of co-accused, initially arrayed as unknown, has not been received as a valid ground for petitioner's release on bail, both by the Court of Session as well as the High Court, a view found by us as unexceptionable. Similarly, petitioner's advanced age with health, statedly frail, albeit with no specific disorder cannot extenuate abscondance of almost 16 years having regard to the fatal role assigned to him. Statements of the witnesses including an injured supported by medical evidence constitute "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Procedure 1898, aggravated by petitioner's absence going on for an age, unsurmountably stand in impediment to his release on bail, a concession discretionary in nature. View taken by the High Court, being within the bounds of law, does not call for interference. Petition fails. Leave declined.