2016 PLP 865 (YLR)
NAIK AMAL — Petitioner Versus The STATE and another — Respondents
| Citation | 2016 PLP 865 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Qaiser Rashid Khan, J |
| Parties | NAIK AMAL — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 865 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 865 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Qaiser Rashid Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 865 (YLR) (NAIK AMAL — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hussain Ali and Gul Daraz Khan for Petitioner.
- Date of hearing: 13th July, 2015.
Headnotes / Summary
S. 497(2)
Penal Code (XLV of 1860), Ss. 324 & 34
Attempt to commit qatl-i-amd, common intention
Recovery of crime empties, absence of
Injuries on non-vital parts of body
Effect
Accused were alleged to have caused injuries on body of complainant through firing
Despite indiscriminate firing by five persons, not a single crime empty could be retrieved from spot
Complainant had been hit on non-vital parts of his body, which raised question as to whether or not accused had intention to kill complainant and his brother
Probability of false implication could not be ruled out as five accused who had been charged with alleged offence were all brothers
Case of accused was one of further inquiry
Bail petition was accepted accordingly. Muhammad Riaz Khan Paindakhel, A.A.-G. for the State. Syed Abdul Fayaz for the Complainant.
Judgment & Decree
QAISER RASHID KHAN, J.
The petitioner, Naik Mal, seeks bail in case FIR No. 925 dated 13.6.2015 registered under sections 324/34, P.P.C., Police Station Bhana Mari, Peshawar after the said relief was declined to him by the learned Additional Sessions Judge-I Peshawar on 25.6.2015.
2. Allegations against the accused-petitioner are that on the fateful date and time, the complainant and his brother Zahirullah were present on the spot when in the meanwhile, owing to a previous quarrel, the accused-petitioner along with his co-accused namely, Ajmal, Sangar, Bashar, Romal, and Sabaun sons of Rahmatullah duly armed with fire arms came there and started firing at them which resulted into causing fire arm injuries on his person while his brother escaped unhurt, hence the FIR ibid. Arguments heard and record perused.
3. In the present case, the complainant alleges to have been present on the spot along with his brother Zahirullah when the accused-petitioner along with his four brothers arrived there and started firing at them with their respective weapons with which he was injured. Despite indiscriminate firing by five persons not a single crime empty has been retrieved from the spot. Secondly, the complainant having been hit on the non- vital parts of the body despite being at the mercy of five armed persons certainly raises the question as to whether there was any intention on the part of the assailants to make an attempt at the lives of the complainant and his brother. Moreover, for two injuries on the non-vital parts of the body of the complainant, five brothers have been charged and the probability of false implication in view of the prevalent tendency in the society to throw a wide net to rope in many persons of a family cannot be ruled out. All such circumstances certainly take the case of the accused-petitioner to one of further enquiry and thus entitling him to the concession of bail. Resultantly, this bail petition is allowed and the accused-petitioner is granted bail provided he furnishes bail bonds in the sum of Rs.200000/- (Two lac) with two sureties, each in the like amount, to the satisfaction of the learned trial court which shall ensure that the sureties are local, reliable and men of means. SL/324/P Petition accepted.