2017 PLP 825 (MLD)
Syed YASIR SHAH and others — Petitioners Versus The STATE and another — Respondents
| Citation | 2017 PLP 825 (MLD) |
| Forum / Court | Peshawar (Abbottabad Bench) |
| Bench Members | N/A |
| Parties | Syed YASIR SHAH and others — Petitioners 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 2017 PLP 825 (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 2017 PLP 825 (MLD)?
The case was heard and decided by the Peshawar (Abbottabad Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 825 (MLD) (Syed YASIR SHAH and others — Petitioners Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Waqas Raza Khan Swati for Petitioners.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), Ss. 302 & 34
Qatl-i-amd, common intention
Complainant had alleged that his son-in-law, along with his two brothers and father had committed murder of his daughter
No doubt, occurrence was un-witnessed but the chain of events and circumstances linked the accused persons and co-accused with the commission of the offence, whereby a young girl was done to death in a brutal and gruesome manner and her dead body was allowed to decompose till it was recovered
Accused persons, being prima facie involved in the commission of offence, were disentitled to the concession of bail
Bail was refused in circumstances.
S. 497
Principle
Observations made in bail matter was tentative in nature and trial court would not prejudice while deciding case on merit.
Judgment & Decree
QAISER RASHID KHAN, J.
Petitioners, Syed Yasir Shah, Syed Bilal Shah and Syed Shamshad Shah seek bail in case FIR No. 387 dated 16.09.2016 registered under section 302/34, P.P.C. at Police Station Saddar Mansehra with the allegations that they along with their co-accused Waqar Shah had committed the murder of Mst. Sofia Gillani, daughter of the complainant. Arguments heard and the available record perused.
2. In the present case, it was the complainant who accompanied by the dead body of his daughter Mst. Sofia Gillani recovered from Baidra jungle, reported in a manner as to how on 12.09.2016 his son-in-law Waqar Shah, accompanied by his two brothers Syed Yasir Shah and Syed Bilal Shah and their father Syed Shamshad Shah came to his house at 9.00 p.m. to take back his daughter Mst. Sofia Gillani having come aggrieved from her in-laws house, who accompanied them and then on 14.09.2016 Waqar Shah and his father Shamshad Shah again came to his house with the plea that Mst. Sofia Gillani missed her son Iftikhar Shah and that is how they went along with the child and thereafter on 16.09.2016, the dead body of Mst. Sofia Gillani was discovered by his pet dogs.
3. Keeping in view the postmortem report conducted on 16.09.2016, the death of the deceased had taken place 3 / 4 days prior to such examination which by a conservative estimate comes to 12.09.2016 i.e. the day when the accused-petitioners along with his co-accused Waqar Shah took the deceased from her parents' house. Still as per the FIR, on 14.09.2016 they again went to the complainant's house asking for the minor Iftikhar Shah with the plea that his mother Mst. Sofia Gillani missed him so much, when by then she was already lying murdered in the nearby jungle.
4. No doubt, the occurrence is unwitnessed one but the chain of events and the circumstances definitely link the accused-petitioners alongwith their co-accused Waqar Shah with the commission of the offence whereby a young girl was done to death in a brutal and gruesome manner and then her dead body was allowed to decompose till it was recovered on the fourth day of the occurrence. Hence the accused-petitioners, being prima facie involved in the commission of the offence are held disentitled to the concession of bail. Accordingly, this petition stands dismissed. Before parting with this order, it is directed that any observations in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial Court and the case be decided strictly on its own merits after recording evidence. JK/22/P Petition dismissed.