2020 PLP 1278 (SCMR)
HABIB ULLAH JAN and another — Petitioners Versus The STATE through A.G. Khyber Pakhtunkhwa and others — Respondents
| Citation | 2020 PLP 1278 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | HABIB ULLAH JAN and another — Petitioners Versus The STATE through A.G. Khyber Pakhtunkhwa and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 1278 (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 1278 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1278 (SCMR) (HABIB ULLAH JAN and another — Petitioners Versus The STATE through A.G. Khyber Pakhtunkhwa and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Adil Aziz Qazi, Advocate Supreme Court and Sher Afzal Khan, Advocate Supreme Court for Petitioners.
- Fakhruddin Shah, Advocate Supreme Court for the State.
- Anis M. Shahzad, Advocate Supreme Court for the Complainant.
Headnotes / Summary
(Against the order dated 5.3.2020 passed by the Peshawar High Court, Bannu Bench, Bannu in Crl. Misc. No. 73-B/2020)
S. 497
Penal Code (XLV of 1860), S. 324
Attempt to commit qatl-i-amd
Magnitude of violence endured by the three witnesses at the hands of the accused persons was prima facie supported by the medical evidence, statements of the witnesses and spot recoveries
No considerations were found on record calling for further probe into the guilt of accused persons, who were rightly denied bail by the High Court
Petition for leave to appeal was dismissed and leave was refused. Fakhruddin Shah, Advocate Supreme Court for the State. Anis M. Shahzad, Advocate Supreme Court for the Complainant.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Habib Ullah Jan and Asif Ullah Khan are amongst the accused arrayed in a case of murderous assault, lodged by Saad Ullah PW. It is alleged that on the eventful day, differently armed, they assaulted Kaleem Ullah, Saad Ullah and Riffat Ullah, in consequence whereof, each sustained multiple injuries, confirmed by medico legal reports. An outstanding dispute over a piece of land triggered the episode.
2. Having regard to the magnitude of violence endured by the witnesses, no less than three in number, prima facie, supported by medical evidence, statements of the witnesses and spot recoveries, the High Court having found reasonable grounds, standing in impediment to petitioners' release on bail in the absence of any consideration calling for further probe so as to circumvent statutory bar embodied in section 497 of the Code of Criminal Procedure, 1898, declined the request, a conclusion arrived at in its discretion and, on our own analysis, found by us as intra vires being judicially structured, no interference is called for. Petition fails. Leave declined. MWA/H-9/SC Bail refused.