2021 PLP 36 (YLRN)
YAQOOB KHAN — Petitioner Versus SAJID KHAN and another — Respondents
| Citation | 2021 PLP 36 (YLRN) |
| Forum / Court | Peshawar |
| Bench Members | Qaiser Rashid Khan, J |
| Parties | YAQOOB KHAN — Petitioner Versus SAJID KHAN and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 36 (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 2021 PLP 36 (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: 2021 PLP 36 (YLRN) (YAQOOB KHAN — Petitioner Versus SAJID KHAN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arbab Shabbir Ahmad for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302, 148 & 149
Qatl-i-amd, rioting, armed with deadly weapon, common object
Scope
Accused along with other was alleged to have caught hold of the brother of complainant whereafter three co-accused persons fired at him as a result of which he died
Could the accused run the risk of his life by catching hold of the brother of complainant when he was being simultaneously fired at by three persons with their respective firearms from a close proximity was a question which certainly qualified the case to one of further inquiry qua his guilt in the commission of the offence
High Court while taking a tentative assessment of the available record held that the accused was entitled to the concession of bail
Petition for grant of bail was allowed, in circumstances. Shakir Ullah Afridi for the Complainant. Syed Sikandar Hayat Shah, A.A.G. for the State.
Judgment & Decree
QAISER RASHID KHAN, J.
Accused-petitioner Yaqoob Khan seeks his release on bail in case FIR No.57, dated 28.09.2019, under sections 302/ 148/149, P.P.C. of Police Station Bara, District Khyber, with the allegations that he along with his absconding co-accused Fazal Rehman had caught hold of Ijaz, brother of the complainant, whereafter co-accused Zarwal, Zahoor and Daud fired at him with which he was seriously injured and later on succumbed to the injuries while being taken to the hospital.
2. Arguments heard and the available record perused.
3. Could the accused-petitioner run the risk to his life by catching hold of the brother of the complainant namely Ijaz when he was simultaneously fired at by three persons with their respective firearms from a very close proximity is indeed a question which certainly qualifies the present case to one of further probe qua his guilt in the commission of the offence. Thus taking a tentative assessment of the available record, I hold the accused-petitioner entitled to the concession of bail.
4. Accordingly, this petition is allowed and the petitioner is admitted to bail provided he 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. Needless to mention that the observations recorded in this order are purely 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. SA/324/P Bail granted.