2017 P Cr (PLP)
GUL WALI — Petitioner Versus UMAR and another — Respondents
| Citation | 2017 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | GUL WALI — Petitioner Versus UMAR and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 P Cr (PLP) (GUL WALI — Petitioner Versus UMAR and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qazi Intekhab Ahmad for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302 & 34
Qatl-i-amd, common intention
Complainant in his initial report, charged unknown culprits for murder of his son
Father of deceased, after one month, recorded his statements under S. 164, Cr.P.C. wherein he charged the accused and his co-accused without disclosing the source of his satisfaction against complicity of the accused in the commission of offence
Accused had not confessed his guilt before the competent court of law nor anything incriminating, prima facie connecting him with the commission of offence, had been recovered either from his direct or indirect possession
Mere abscondence of the accused would not hamper his way of bail when otherwise on merit he was entitled for the same
Circumstances established that participation of the accused in the commission of offence required further inquiry within the ambit of S. 497(2), Cr.P.C.
Judgment & Decree
ASSADULLAH KHAN CHAMKANI, J.
Petitioner Gul Wali seeks bail in case FIR No.708 dated 09.01.2011, registered under sections 302/34, P.P.C., in Police Station Abdul Hameed Shaheed Shabqadar, wherein he along with co-accused Sher Wali, is charged for committing the murder of Muhammad Wali deceased with firearm on 09.10.2011 at 1900 hours on a thoroughfare situated in village Attaki.
2. Arguments heard and record perused.
3. Admittedly, neither complainant nor anybody else has come forward to furnish the ocular account of the incident. The incident is nocturnal and complainant on receipt of information qua murder of his deceased son reached the spot and shifted his dead body. In his initial report he charged unknown culprit/culprits for murder of his son. After a period of more than a month on 16.11.2011, complainant Umer recorded his statement under section 164, Cr.P.C., wherein he charged the petitioner and his co-accused without disclosing the source of his satisfaction qua complicity of the petitioner in the commission of offence. The petitioner has not confessed his guilt before the competent Court of law nor anything incriminating to prima facie connect him with the commission of offence has been recovered either from his direct or indirect possession. Mere alleged abscondence of the petitioner would not hamper his way of bail when otherwise on merit he is entitled to the concession of bail. On tentative assessment of the material on record and discussed above, participation of the petitioner in the commission of offence requires further probe within the ambit of subsection (2) of section 497, Cr.P.C., hence, I am inclined to exercise the discretion of bail in his favour.
4. Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.3,00,000/- with two local, reliable and resourceful sureties each in the like amount to the satisfaction of learned Illaqa Judicial Magistrate/MOD, concerned. JK/183/P Bail allowed.