Pakistan Case Lawโ† Search
2013 YLR 1144

GUL RAZIM and 2 others vs The STATE and another

Citation2013 YLR 1144
CourtPeshawar High Court
Case No.Criminal Miscellaneous Bail Application No.24-D of 2013
Date2013-02-13
Judge(s)Shah Jehan Khan Akhundzada
ResultBail refused

' SHAH JEHAN KHAN AKHUNDZADA, J.---Through the instant petition, the accused/petitioners, namely, Gul Razirn, Abdul Ghafoor and Shehr Yar, seek their release on bail in case F.I.R. No.1096 dated 10-12-2012 under sections 324/427/34, P.P.C. Registered at Police Station Cantt. D.I.Khan.

2. According to the first information report lodged by the complainant Gula Jan, he being a Lawyer by profession was returning home in a motorcar along with his agent/munshi Ehtesham and a small son named Adil Khan aged about 8/9 years after attending his case under sections 302/ 324/34, P.P.C. In the court of Additional Sessions Judge-II D.I.Khan. When reached near Gillani town, a white colour motorcar was already standing there, out of which the accused/respondents along with an unknown person duly armed with firearms got down and fired at them with which they were injured and the motorcar was damaged. Thereafter, all the accused decamped from the spot in the said motorcar. Motive for the offence was given to be previous blood feud between the parties.

3. Having heard and considered the arguments of the learned counsel for the parties, the materials available on file leads me to hold that the accused/petitioners have been directly charged by the complainant for attempting at the lives of three persons effectively, i.e. The complainant, his minor son and agent/Munshi. Moreover, the occurrence has taken place in a broad-day light, the parties are know to each other and thus question of mistaken identity does not arise at the moment.

Furthermore, the accusation against the accused/petitioners is also backed by a strong motive of blood feud between the parties, therefore, the element of false charge is also not available in the instant case presently. Medico-legal Reports of the three victims further corroborate the version of the complainant. Thus there appears reasonable grounds for believing that the accused/petitioners are connected with the offence charged with, punishment for which is ten years and as such the case falls within the purview of prohibitory clause of section 497, Cr.P.C. And tentative assessm ent of the materials so far brought on record, prima facie, connect the accused/petitioners with the commission of the offence. However, the above observations are tentative in nature and shall have no bearing or effect on the conclusion drawn at the time of conclusion of the case by the trial Court and it shall be decided on its own merits.

4. For the reasons stated above, I find no substance in this bail petition which is accordingly dismissed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch