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Petitioner: Noor Bakhsh VS Respondent: The State
Court Name: Supreme Court of Pakistan Judge(s): Qazi Muhammad Amin Ahmed, Mazhar Alam Khan Miankhel Title: Noor Bakhsh vs The State Case No.: Criminal Petition No. 527 of 2020 Date of Judgment:2020-07-01 Reported As: 2020 SCMR 1205 Result: Bail refused
Judgment ORDER QAZI MUHAMMAD AMIN AHMED, J.---Noor Bukhsh, petitioner herein, seeks admission to post arrest bail; he had allegedly shot one Abdul Qayyum, way back on 29.9.2013 within the remit of Police Station Gawadar on his opposition over an unauthorized gasoline outlet, managed by him in the neighbourhood; fire shot injury on the spinal cord finally resulted into the death, though after lapse of almost six years. Section 324 of the Pakistan Penal Code, 1860, after injured's death has been substituted with section 316 thereof. Repeated attempts for bail failed before the Courts below, last being in the High Court on 28.04.2020 on account of absence of a fresh ground. 2. Heard. 3. Petitioner stayed away from law for a period exceeding half a decade and was finally arrested on 3.2.2020; being a fugitive from law, that too for a pretty long period of time, he has disentitled himself to the concessions, ordinarily extended in discretion to an offender. While it is for the trial Court to determine the cause of death and consequences thereof, the case initially set up in the crime report, supported by the statements of the witnesses and medical evidence constitutes 'reasonable grounds' within the contemplation of section 497 of the Code of Criminal Procedure 1898 with space for further probe or inquiry in absence whereof, he cannot be released on bail even on that score. Petitioner's last attempt in the High Court through a subsequent petition without any fresh ground has rightly been declined, calling for no interference by this Court. Petition fails. Leave declined.