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2020 SCMR 1278

Habib Ullah Jan and another vs The State through A.G. Kyber Pakhtunkhwa

Citation2020 SCMR 1278
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 543 of 2020
Date2020-07-07
Judge(s)Qazi Muhammad Amin Ahmed, Mazhar Alam Khan Miankhel
ResultBail refused

ORDER

QAZI MUHAMMAD AMIN AHMED, J.---Habib Ullah Jan and Asif Ullah Khan arc amongst the accused arrayed in a case of murderous assault, lodged by Saad Ullah PW. It is alleged that on the eventful day, differently armed, they assaulted Kaleem Ullah, Saad Ullah and Riffat Ullah, in consequence whereof, each sustained multiple injuries, confirmed by medico legal reports. An outstanding dispute over a piece of land triggered the episode.

2. Having regard to the magnitude of violence endured by the witnesses, no less than three in number, prima facie, supported by medical evidence, statements of the witnesses and spot recoveries, the High Court having found reasonable grounds, standing in impediment to petitioners' release on bail in the absence of any consideration calling for further probe so as to circumvent statutory Mr embodied in section 497 of the Code of Criminal Procedure, 1898, declined the request, a conclusion arrived at in its discretion and. on our own analysis, found by us as intra vires being judicially structured, no interference is called for. Petition fails. Leave declined.

Cited by 1 case

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