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2000 P Cr. L J 1229

NAIK MUHAMMAD vs THE STATE and anothers

Citation2000 P Cr. L J 1229
CourtPeshawar High Court
Case No.Criminal Miscellaneous No,943 of 1999
Date1999-11-16
Judge(s)Nasir-ul-Mulk, Qazi Muhammad Farooq
ResultBail allowed

QAZI MUHAMMAD FAROOQ, Petitioner Naik Muhammad seeks bail in a case under section 302/324/148/149, P.P.C. Which stands registered against him and nine others at Police Station Nasar Bagh, vide F.I.R. No,381, dated 10-12-1992.

2. The accusation against the petitioner is that on 10-12-1992 at about 3-45 p.m. He alongwith his co-accused had fired at the complainant Faridullah Shah and his companions Inamullah Shah, Hidayatullah Shah and Munawar and though the. Complainant and his two companions had escaped unhurt Hidayatullah Shah had lost his life having been hit by the shots fired by the accused Sher Ali.

3. Bail is urged on the ground of further enquiry and principle of consistency.

4. It is indeed a case of further enquiry within the contemplation of section 497(2), Cr.P.C. As death of the deceased is traceable to the firing made by Sher Ali and the firing attributed to the petitioner was ineffective. Besides, two co-accused of the petitioner charged with the same role were allowed bail by this Court on 30-10-1994, therefore, the principle of consistency is fully attracted.

Consequently, the application is accepted and the petitioner is admitted to bail in the sum of Rs,1,00,000 (Rupees one lac) with two sureties each in the like amount to the satisfaction of the Illaqa Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 5 cases

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