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Petitioner: Junaid Ali VS Respondent: The State through Advocate-General, Khyber Pakhtunkhwa and another
Court Name: Supreme Court of Pakistan Judge(s): Amin-Ud-Din Khan, Sardar Tariq Masood, Syed Hasan Azhar Rizvi Title:Junaid Ali vs The State through Advocate-General, Khyber Pakhtunkhwa
and another Case No.: Criminal Petition No. 1578 of 2022 Date of Judgment:2023-02-15 Reported As: 2023 SCMR 1514, PLJ 2024 SC (Cr.C.) 58 Result: Bail granted Judgment ORDER SARDAR TARIQ M ASOOD, J. This petition is barred by 30 days. Application for condonation of delay (Criminal M.A. No.2163 of 2022) has been filed. For the reasons mentioned in the application, the same is allowed and the delay in filing of the petition is condoned. 2. Through this petition the petitioner impugns the order dated 03.10.2022, passed by the Peshawar High Court, Peshawar (the High Court) in Criminal Miscellaneous Bail Application No.2330-P of 2022, through which the post arrest bail was decline) to the petitioner in case FIR No.276 dated 11.06.2022, registered under sections 302, 324, 34, P.P.C. and 15 of the Arms Act, 2013 at Police Station Sardheri, District Charsadda. 3. We observe that there is no direct evidence against the petitioner and even we inquired from the learned counsel for the complainant and the learned Additional Advocate General, KP as to what material is available against the petitioner, they could not point out any material, connecting the petitioner with the crime, At this stage, except the statement of the complainant under section 164, Cr.P.C., in which although he has pointed out his accusing finger towards the petitioner but the said pointation is without any source or material. Due to said reasons the case of the petitioner calls for further enquiry falling under subsection (2) of section 497, Cr.P.C. Consequently, this petition is converted into an appeal and is allowed. The petitioner is, released on bail subject to his furnishing bail bond in the sum of Rs. 100,000/- with one surety to the satisfaction of the trial Court.