Al Wakeelo
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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: SARDAR VS Respondent: THE STATE
Court Name: Peshawar High Court Judge(s): Syed Usman Ali Shah Title: SARDAR vs THE STATE Case No.: Criminal Miscellaneous No. 853 of 1978 Date of Judgment:1978-10-31 Reported As: 1979 P Cr. L J 252 Result: Bail rejected
JUDGMENT
JUDGMENT The accused/petitioner is charged under section 302/148/149, P. P. C. His application to secure bail has failed before the learned Judge and hence this application. The only and one ground urged by the learned counsel in support of this application is that the co- accused, namely, Sabaz Ali and Muhammad Sharif, of the accused/petitioner in this case have been acquitted by the learned Sessions Judge and since the same evidence has been disbelieved in the case of acquitted accused, it according to the learned counsel also exonerates the accused/petitioner from the charge of murder. This contention has already been considered by the learned Sessions Judge and he repelled it. The trial of the accused/petitioner will be held independently of the previous trial in which the co-accused of the petitioner were acquitted. If, therefore, the contention of the learned counsel is accepted, it will mean that the witnesses in the case will be examined as a matter of formality or for that matter there would be no need to examine them, as the same evidence given by them in the trial of the acquitted accused can be taken into consideration which is not permissible in law. The accused/petitioner remained outlaw after the occurrence for about eight years and thus in the circumstances of the case he is not entitled to bail. This bail application is, therefore, rejected. It is directed, however, that the trial of the accused/petitioner be held as expeditiously as possible.