Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MUSLIM VS Respondent: THE STATE
1988 P Cr
1988 P Cr. L J 1473
[Peshawar]
Before Abdul Karim Khan Kundi, J
MUSLIM--Petitioner
versus
THE STATE--Respondent
Criminal Miscellaneous No. 53 of 1988, decided on 23rd April, 1988.
(a) Criminal Procedure Code (V of 1898)--
---S. 497(5)--Penal Code (XLV of 1860), Ss.302, 307 & 34--Bail, cancellation of--Accused no longer standing charged for offence of murder or murderous assault and complainant had not filed a private complaint to charge accused for said offences--Injuries caused to injured were lacerated and incised possibly caused by blunt and sharp-edged weapons which could not have been caused as a result of fire shot of accuse d--Co-accused also charged for Lathi blows--No exception taken by High Court to grant of bail to accused by Court below.
(b) Criminal Procedure Code (V of 1898)--
---S. 497--Penal Code (XLV of 1860), Ss.302, 307 & 34--Bail--Accused charged for murderous assault by firing with pistol--Injury sustained as a result thereof opined as grievous--Bail refused.
M.M. Idris for Petitioner.
Khawaja Nazir Ahmad, A.A.-G for the State.
Abdullah Jan Mirza for the Complainant.
Date of hearing: 23rd April, 1988.
JUDGMENT
By an order, dated 31-1-1988 the learned Additional Sessions Judge, Haripur released accused Mir Sultan on bail after finding his case open to further inquiry while by his order, dated 26-5-1987 Muslim accused was refused bail since he was directly charged for the murder of Muzaffar and murderous assault on the complainant by firing. Muslim approached this Court for bail vide Criminal Miscellaneous No. 53 of 1988 while the complainant applied for the cancellation of the bail of Mir Sultan accused vide Criminal Miscellaneous No. 55 of 1988.
2. After hearing the learned counsel for the parties and going through the material on record, particularly the charge-sheet since submitted in the Court for the trial of the accused it was found that Mir Sultan accused-respondent no longer stands charged for the offence of murder of Muzaffar as well as murderous assault on Mohammad Aslam P.W. by firing. Complainant has not filed a private complaint to charge Mir Sultan accused for the murder of deceased Muzaffar Khan and murderous assault on him. There have been reported two fire-arm injuries on the person of Mohammad Aslam complainant, one entrance and the other exit which stand ascribed to Muslim accused. The rest of the injuries are lacerated and incised possibly caused by blunt and sharp-edged weapons, and cannot have been apparently caused & a result of the fire shot of Mir Sultan accused. Co-accused Humayun has also been charged for Lathi blows. As such at present Mir Sultan accused does not stand charged to face trial for the offences. Accordingly there cannot be taken exception to his bail at this stage.
3. Muslim accused has been charged for murderous assault by firing with pistol and injury sustained as a result has been opined as grievous. As such he has been rightly refused bail by the learned Additional Sessions Judge.
Resultantly both the applications are dismissed.
M.Y.H./624/P Petitions dismissed.