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2013 P Cr. L J 61

Syed SHAH FAHAD vs THE STATE

Citation2013 P Cr. L J 61
CourtPeshawar High Court
Case No.Criminal Miscellaneous B.A. No 1781 of 2011
Date2012-01-09
Judge(s)Dost Muhammad Khan
ResultBail granted

' DOST MUHAMMAD KHAN, C.J.---Petitioner is seeking bail in case F.I.R. No,655 dated 7-10-2010 registered for crime under section 17(4) Haraba by Police Station Tehkal, Peshawar.

' Arguments heard and record perused.

2. In this case besides, the petitioner, Sohail Ahmad co-accused was made principal accused to whom bail was refused even by this court/Bench on 20-5-2011 because there was strong corroborated circumstantial evidence against him and because the crime, was committed in a ruthless manner, however, on the entire available record there is no incriminating evidence available against the present petitioner except the statement of co-accused recorded under section 161, Cr.P.C. Which is not falling within the purview of legal evidence hence, his case is one of further enquiry.

' Accordingly, this petition is allowed and the accused-petitioner is granted bail in the sum of Rs,200,000 (Two lac) with two reliable sureties, each in the like amount, to the satisfaction of the Illaqa Judicial/Duty Magistrate.

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