2020 PLP 451 (SCMR)
ATTAULLAH — Petitioner Versus The STATE through AG Khyber Pakhtunkhwa and another — Respondents
| Citation | 2020 PLP 451 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Maqbool Baqar, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ |
| Parties | ATTAULLAH — Petitioner Versus The STATE through AG Khyber Pakhtunkhwa and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 451 (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 451 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Maqbool Baqar, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 451 (SCMR) (ATTAULLAH — Petitioner Versus The STATE through AG Khyber Pakhtunkhwa and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Fayaz, Advocate Supreme Court for Petitioner.
- M. Amin Khattak Lachi, Advocate Supreme Court for Respondent No.2.
- Arshad Hussain Yousafzai, Advocate Supreme Court along with Shakir, SI/IO, Police Station Batgram, Charsadda for the State.
Headnotes / Summary
(Against order dated 17.09.2019 of the Peshawar High Court, Peshawar passed in Cr. M. (B.A.) No. 2285-P of 2019)
S. 497
Penal Code (XLV of 1860), Ss. 302, 324, 148 & 149
Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly
None of the deceased persons was alleged to have been hit by any shot fired by the accused
No injury to any of the victims had been attributed to the accused
Although accused remained an absconder for seven long years, however since no reasonable ground was urged to deny bail to him, and since he was no more required for investigation, it was appropriate to grant bail to him
Accused was granted bail in circumstances.
Judgment & Decree
MAQBOOL BAQAR, J.
The petitioner, who has been booked for offences under sections 302, 324, 148 and 149, P.P.C. in an FIR No.718 dated 11.12.2011, registered at Police Station Battagram, Charsadda, and is facing trial for the said offences, having failed to obtain bail from the lower forums, has filed the instant petition for grant of bail. As per the complaint, on 11.12.2011 at 14:45 hours, while the complainant Ataullah, along with his two sons Ziaullah and Muhammad Zakria and minor grand-daughter was proceeding towards a clinic for medical treatment of his grand-daughter, in Village Meerzai. The petitioner along with Sultan, Sabz Ali, Sheraz, Ayaz and Farhad ambushed them with their fire arms. The complainant's son Ziaullah was hit by a bullet fired by Sabz Ali, he died on the spot, and Muhammad Zakria was injured as a result of firing by Sheraz, Zakria also died on the spot whereas minor Sarah was injured by a shot fired by Sultan, later, the minor died. Neither any of the deceased, nor minor Sarah is said to have been hit by any of the shot allegedly fired by the petitioner. It is alleged that the petitioner has remained absconding for seven long years. However since no injury to the victim has been attributed to the petitioner and no reasonable ground has been urged before us to deny bail to him, and it is also not claimed that he is required for any investigation in the present case, we find it appropriate to grant bail to the petitioner and would therefore convert the instant petition into an appeal and allow the same by granting bail to the petitioner, subject to his furnishing surety in the sum of Rs. 2,00,000/- (Rupees Two Lacs only) with a surety bond in the like amount to the satisfaction of the trial Court. MWA/A-1/SC Bail granted.