2003 PLP 1398 (MLD)
SHER ZAMAN — Petitioner Versus THE STATE and another — Respondents
| Citation | 2003 PLP 1398 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | SHER ZAMAN — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2003 PLP 1398 (MLD)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1398 (MLD)?
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: 2003 PLP 1398 (MLD) (SHER ZAMAN — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Khawaja Muhammad Khan for Petitioner.
- 3. I have heard the learned counsel for the accused-petitioner, the learned Deputy Advocate-General for the State assisted by Muhammad Yaqoob Khan, Advocate for the complainant and have also perused the record.
Headnotes / Summary
S.497
Deep appreciation of evidence could not be undertaken at bail stage as same would be conduced in trial.
S.497
Penal Code (XLV of 1860), S.324/34
Accused Was directly charged in F.I.R.
Prosecution version was supported by medical evidence, recovery of blood-stained earth from spot and abscondence of accused for more than four months
Bail application was rejected in circumstances.
Judgment & Decree
S.497
Penal Code (XLV of 1860), S.324/34
Accused Was directly charged in F.I.R.
Prosecution version was supported by medical evidence, recovery of blood-stained earth from spot and abscondence of accused for more than four months
Bail application was rejected in circumstances. Khawaja Muhammad Khan for Petitioner. Shaukat Hayat Khan, D.A.-G. for the State. M. Yaqoob Khan for the Complainant. Date of hearing: 21st February, 2003. Accused-petitioner Sherzaman has been refused bail by the leaned two Courts below in case F.I.R. No.117 dated 18-6-2002 of Police Station, Ghaznikhel, under section 324/34, P.P.C. and .now through the present application, he seeks bail from this Court.
2. According to the F.I.R., complainant Khizar Hayat, on the day of occurrence, was present inside Jadeed District Headquarter Hospital, Lakki Marwat when at about 14-30 hours the accused-petitioner and his co-accused Aziz Khan, duly armed with a Kalashnikov, came there and started firing at him with the intention of killing him, with which he received injuries. After the occurrence, the accused-petitioner and his co-accused decamped from the spot.
3. I have heard the learned counsel for the accused-petitioner, the learned Deputy Advocate-General for the State assisted by Muhammad Yaqoob Khan, Advocate for the complainant and have also perused the record.
4. The learned counsel for the accused-petitioner seeks his bail mainly on the grounds, firstly; that no time of occurrence has been given in the Murasila but the same has been later on added as 14-30 hours, secondly; that no empty shell has been recovered from the spot and the diamention of the injuries on the person of the complainant suggests that these have been caused with the fire of a shotgun but in the F.I.R., the weapon of offence has been shown as Kalashnikov and thirdly; it appears that one accused was involved in the commission of the offence but both the accused-petitioner and his co-accused had been charged in the F.I.R. as such, it is a case of further inquiry. However, all these arguments are without force for the simple reason that deep appreciation of evidence cannot be undertaken at this stage and the same would be determined in the trial. Suffice it to say that the accused-petitioner is directly charged in the F.I.R. and the prosecution version is supported by the medical evidence on record and recovery of blood-stained earth from the spot besides absconsion of more than four months of accused petitioner.
5. Accordingly, this application is without force and is hereby rejected. S.A.K./853/P Bail refused.