2020 PLP 993 (SCMR)
ZAHOOR KHAN — Petitioner Versus AKHTER MUHAMMAD and another — Respondents
| Citation | 2020 PLP 993 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Gulzar Ahmed, C.J. and Qazi Muhammad Amin Ahmed, J |
| Parties | ZAHOOR KHAN — Petitioner Versus AKHTER MUHAMMAD and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 993 (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 993 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Gulzar Ahmed, C.J. and Qazi Muhammad Amin Ahmed, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 993 (SCMR) (ZAHOOR KHAN — Petitioner Versus AKHTER MUHAMMAD and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Akhter Ali Khan, Advocate Supreme Court for Petitioner.
- Anis Muhammad Shahzad, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(Against the judgment dated 28.02.2020 passed by the Peshawar High Court, Peshawar in Criminal M.B.A. No. 57-P of 2020)
S. 497
Penal Code (XLV of 1860), S. 302(b)
Qatl-i-amd
Accused stayed away from the law for a period of over five years
Autopsy report confirmed receipt of as many as six entry wounds
Argument regarding conflict between ocular account and medical evidence, seemingly otherwise beside the mark, could not be attended within the barriers of tentative assessment, particularly in the face of inordinate abscondence of accused from the law
Ocular account, accompanied by medical evidence as well as investigative conclusions, constituted "reasonable grounds" within the contemplation of S. 497, Cr.P.C. to disallow release of accused
Accused was refused bail. Anis Muhammad Shahzad, Advocate Supreme Court for the Complainant. Miss Aisha Tasneem, State Counsel with Iqbal Mashwair, I.O./S.I. for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Declined downstairs throughout, Zahoor Khan, petitioner herein, seeks admission to bail; alongside co-accused, he is alleged to have fatally targeted Yaheer Shah on 25.10.2014 at 18:00 hours within the remit of Police Station Katling District Mardan in the backdrop of a motive that hovered over a piece of land; away from law, he was arrested after a period exceeding half a decade. Autopsy report confirmed receipt of as many as six entry wounds.
2. Heard. Record perused.
3. Argument regarding conflict between ocular account and medical evidence, seemingly otherwise beside the mark, cannot be attended within the barriers of tentative assessment, particularly in the face of reflections of inordinate absence from law. Ocular account, accompanied by medical evidence as well as investigative conclusions, constitute "reasonable grounds" within the contemplation of section 497 of the Code of Criminal Procedure 1898, standing in impediment to petitioner's release in the absence of any consideration calling for further probe. Impugned views being well within the bounds of law need no interference. Petition fails. Leave declined. MWA/Z-6/SC Bail refused.