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2006 YLR 1693

AWAL RAHMAN and anothers vs THE STATE and anothers

Citation2006 YLR 1693
CourtPeshawar High Court
Case No.Criminal Misc. No,447 of 2006
Date2006-04-17
Judge(s)Ijaz-ul-Hassan Khan
ResultBail granted

' IJAZ-UL-HASSAN KHAN, J.---The petitioners, brothers inter se, have been arrested in case F.I.R.

No,24 dated 2-3-2006, under sections 324/34, P.P.C., Police Station, Takht Nasrati, District Karak. The petitioners have been refused the concession of bail by the forums below, by orders dated 7-3- 2006 and 16-3-2006, respectively. They have approached this Court with similar prayer and in support of the bail application, it is mainly contended that there is absolutely nothing on the file, which could connect the petitioners with commission of crime and they have been charged falsely on mere suspicion. As against that, it is submitted by learned Deputy Advocate-General, assisted by learned counsel for the complainant that prosecution is in possession of sufficient evidence to implicate the petitioners with the crime in question and bail plea of the petitioners has been rejected for sound and cogent reasons.

2. No doubt, it is true that the petitioners stand directly nominated in the promptly lodged report but it is equally true that the effective role of firing, resulting into injuries to complainant Waqar Ahmad, is attributed to Muhammad Rehman, father of the petitioners. The question regarding applicability of section 34, P.P.C. Shall be determined at the trial after recording evidence. Without going deep into the merits of the case, I find that case of the petitioners is open to further inquiry as contemplated under section 497(2), Cr.P.C. The application is allowed and the petitioners are directed to be released on bail provided each one of them furnishes bail bonds in the sum of Rs,3,00,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate, who shall see that the sureties are local and men of means.

Cited by 1 case

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