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Petitioner: Ghani Khan VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Manzoor Ahmad Malik, Mazhar Alam Khan Miankhel Title: Ghani Khan vs The State and another Case No.: Criminal Petition No. 95 of 2018 Date of Judgment:2018-02-27 Reported As: 2020 P SC (Crl.) 653, 2020 SCMR 594 Result: Bail refused
Judgment ORDER MANZOOR AHMAD MALIK, J.---Through this petition, the petitioner has impugned the order dated 29.01.2018 whereby bail was refused to the petitioner by the learned Peshawar High Court, Peshawar in case FIR No.1253 dated 10.1 1.2017, of fence under sections 324/34, P .P.C., registered at Police Station Chamkani. 2. After hearing the learned counsel for the petitioner , learned counsel appearing on behalf of the State and perusal of available record, it has been observed by us that the petitioner" is named in the FIR with specific role of firing at the complainant Hazrat Ullah, which as per the statement of the complainant, hit him on his right thigh and right side of his chest. The said allegation is prima facie supported by the medical evidence. The offence alleged against him falls within the prohibitory clause of section 497(2) Code of Criminal Procedure. In these circumstances he is not entitled to the concession of bail. 3. For the foregoing, this petition having no merit is dismissed and leave to appeal is refused.