2017 PLP 186 (YLRN)
KHALID and another — Petitioners Versus The STATE and another — Respondents
| Citation | 2017 PLP 186 (YLRN) |
| Forum / Court | Peshawar |
| Bench Members | Qaiser Rashid Khan, J |
| Parties | KHALID and another — Petitioners Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 186 (YLRN)?
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 PLP 186 (YLRN)?
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: 2017 PLP 186 (YLRN) (KHALID and another — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arifullah Khan for Petitioners.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 324, 452, 148 & 149
Attempt to commit qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, rioting armed with deadly weapon, unlawful assembly
Complainant alleged that accused persons fired at her which caused her injury
Though role of indiscriminate firing had been attributed to five accused including a lady but from spot only four empties were retrieved which as per Forensic Science Laboratory report had been fired from one and the same weapon
Complainant had only received a single firearm injury on her left thigh
Husband of complainant was barely two paces away from her, as per site plan, remained unscathed during the alleged indiscriminate firing session of accused party
Motive had been stated to be blood feud in which obvious choice of accused party in such like matters would be male member
Element of exaggerated charge could not be ruled out
Tentative assessment of available record entitled accused persons to concession of bail
Bail was granted accordingly. [Para. 4 of the judgment] Rab Nawaz Khan, A.A.-G. for the State. Yousaf Ali for the Complainant.
Judgment & Decree
QAISER RASHID KHAN, J.
Accused/petitioners Khalid and Zeeshan alias Shan seek their release on bail in case FIR No.647, dated 12.11.2016, under Sections 324/452/148/149, P.P.C. of Police Station S.I. Abdul Hameed Shaheed (Shabqadar), District Charsadda, with the allegations that they along with their co-accused had fired at the complainant party, with which, the complainant Mst. Imtiaza was hit and injured.
2. Arguments heard and the available record perused.
3. As per FIR, it was the complainant who reported about the incident as to how while she along with her husband had come to the house of their daughter Mst. Shabana when the accused/petitioners accompanied by their co-accused entered the house and started firing at them with their respective weapons which resulted into firearm injury to her. The motive was stated to be blood feud over women folk.
4. Though role of indiscriminate firing has been attributed to 5 accused including a lady but from the spot only 4 empties of 30 bore were retrieved which as per FSL report have been fired from one and the same 30 bore weapon. The complainant has only received a single firearm injury on her left thigh. Moreover, the husband of the complainant, barely 2 paces away from her, as per site plan, remained unscathed during the alleged indiscriminate firing session of the accused party and that too, when the motive has been stated to be blood feud in which the obvious choice of the accused party in such like matters is the male member. Thus, the element of exaggerated charge cannot be ruled out. As such taking a tentative assessment of the available record, I hold the accused/petitioners entitled to the concession of bail. 4(sic). Resultantly, this bail petition is allowed and the accused/petitioners are admitted to bail provided each one of them furnishes bail bonds in the sum of Rs.1,00,000/- (Rupees one lac), with two sureties, each in the like amount, to the satisfaction of the Illaqa/Judicial Magistrate who shall ensure that the sureties are local, reliable and men of means.
5. Above are the reasons of my short order of the even date vide which petitioners have been admitted to bail.
6. Needless to mention that the observations recorded in this order are tentative in nature and shall not prejudice the proceedings before the learned trial court where the case be decided on its own merits after recording evidence. WA/74/P Bail granted.