2020 PLP 340 (SCMR)
KHIYAL SABA and another — Petitioners Versus The STATE and others — Respondents
| Citation | 2020 PLP 340 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik and Amin-ud-Din Khan, JJ |
| Parties | KHIYAL SABA and another — Petitioners Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 340 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 340 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 340 (SCMR) (KHIYAL SABA and another — Petitioners Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Rafaqat Hussain Shah, Advocate-on-Record for Petitioners.
- Amanullah Khan Niazi, Advocate Supreme Court for the Complainant.
- Arshad Hussain Yousafzai, Advocate Supreme Court and Tariq Mahmood, SI for the State.
Headnotes / Summary
(Against the order of the Peshawar High Court, Peshawar dated 22.07.2019 passed in Cr. M.B.A. No. 1663-P of 2019)
S. 497(2)
Penal Code (XLV of 1860), Ss. 302, 324 & 34
Qatl-i-amd, attempt to commit qatl-i-amd, common intention
As per contents of FIR, precise allegation against the accused and co-accused was that of causing injuries on the persons of two prosecution witnesses, whereas there was no allegation against them of causing any injuries to the deceased
Medico Legal Reports of injured prosecution witnesses reveal that one of them sustained two stab wounds during the occurrence, whereas there were bruises on the person of the other witness
Prosecution confirmed that nature of injuries of injured witnesses had not yet been declared, and that nothing was recovered from the accused and co-accused during the course of investigation
Accused and co-accused were behind bars since almost six months
All said circumstances made their case one of further inquiry falling within the ambit of S. 497(2), Cr.P.C., thus, they were granted bail. Amanullah Khan Niazi, Advocate Supreme Court for the Complainant. Arshad Hussain Yousafzai, Advocate Supreme Court and Tariq Mahmood, SI for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Criminal M.A. No. 1365 of 2019: For reasons mentioned in the application, the same is allowed and delay in filing the criminal petition is condoned.
2. Petitioners seek leave to appeal against the order dated 22.07.2019, whereby bail was refused to them by the learned Peshawar High Court, Peshawar in case FIR No. 5 dated 16.05.2019, offence under sections 302, 324, 34, P.P.C., registered at P.S. Bara Khyber.
3. After hearing the learned counsel for the parties at length and perusal of available record with their assistance, it has been observed by us that as per contents of FIR, precise allegation against the petitioners is that of causing injuries on the persons of Khanzada and Wahid. The MLRs of injured PWs reveal that Khanzada sustained two stab wounds during the occurrence, whereas there are bruises on the person of Wahid. There is no allegation in the FIR against the petitioners of causing any injury on the person of deceased Jaram Khan. During the course of arguments, learned counsel appearing on behalf of State has confirmed that nature of injuries of injured PWs has not yet been declared. He further confirms under instructions that nothing was recovered from the petitioners during the course of investigation. Petitioners are behind the bars since 19.05.2019. All these circumstances make the case of the petitioners one of further inquiry falling within the ambit of section 497, Code of Criminal Procedure.
4. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellants Khiyal Saba and Muhammad Javed are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.100,000/- (Rupees one hundred thousand) each, with one surety each, in the like amount, to the satisfaction of the trial court. MWA/K-2/SC Bail granted.