| Case ID |
00d6031c-0d63-4093-b311-9ae7e1fb6c92 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Application No. 24-D o |
| Decision Date |
Feb 13, 2013 |
| Hearing Date |
|
| Decision |
In the judgment delivered by Honorable Judge SHAH JEHAN KHAN AKHUNDZADA, the court thoroughly examined the petitioners' application for bail in Criminal Miscellaneous Bail Application No. 24-D of 2013. The petitioners, including GUL RAZIM and two unnamed individuals, sought release on bail concerning F.I.R. No. 1096 dated 10-12-2012 under sections 324, 427, and 34 of the Pakistani Penal Code (P.P.C.) registered at Police Station Cantt. D.I.Khan. The court meticulously reviewed the first information report filed by the complainant, Gula Jan, a lawyer by profession, who was returning home in a motorcar with his agent, Ehtesham, and his minor son, Adil Khan, aged approximately 8 or 9 years. Upon reaching 1ear Gillani town, an armed group confronted them, leading to gunfire that resulted in injuries to the complainant, his agent, and his son, as well as damage to the motorcar. The accused promptly fled the scene using the damaged motorcar. The motive cited for this offense was a longstanding blood feud between the involved parties. After considering the arguments presented by the learned counsel for both sides and evaluating the available evidence, the court found substantial grounds linking the accused to the attempted act against the complainant, his minor son, and his agent. The incident's occurrence in broad daylight and the familiarity between the parties ruled out any possibility of mistaken identity. Moreover, the strong motive rooted in a blood feud negated the likelihood of false charges. Medico-legal reports corroborated the complainant's account, establishing a prima facie connection between the accused and the alleged offense under section 497 of the Criminal Procedure Code. Consequently, the court determined that the bail petition lacked sufficient merit and dismissed it accordingly, reinforcing the judiciary's commitment to upholding law and order in cases involving violent disputes and familial vendettas. |
| Summary |
In the pivotal case of Criminal Miscellaneous Bail Application No. 24-D of 2013, adjudicated by the esteemed Peshawar High Court and presided over by Honorable Judge SHAH JEHAN KHAN AKHUNDZADA, the petitioners, spearheaded by GUL RAZIM, sought bail concerning the serious charges registered under F.I.R. No. 1096 dated 10-12-2012. This case, cited as 2013 SLD 2566 and 2013 YLR 1144, delves into significant legal frameworks, specifically the Criminal Procedure Code (V of 1898) and the Penal Code (XLV of 1860), focusing on sections 497, 324, 34, and 427. The incident at the heart of this legal battle involved a violent confrontation rooted in a deep-seated blood feud, highlighting issues of familial vendettas and their impact on criminal activities. Represented by prominent legal figures Muhammad Ismail Khan Alizai, Sanaullah Khan Shamim D.A.G., and Muhammad Yosuaf Khan, the petitioners were accused of orchestrating an attack on lawyer Gula Jan, his agent Ehtesham, and his young son Adil Khan in broad daylight at 1ear Gillani town. The assault resulted in severe injuries and significant property damage, underscoring the gravity of the offenses under the specified sections of the Penal Code. The legal proceedings meticulously examined the evidence presented, including first-hand accounts, medico-legal reports, and the underlying motive of a blood feud, to establish a prima facie case against the accused. The court's detailed analysis affirmed the direct involvement of the petitioners in the alleged crimes, dismissing any claims of mistaken identity or false charges due to the clear motives and corroborative evidence. This case not only emphasizes the rigorous standards applied in bail considerations, especially in violent and motive-driven offenses but also reflects the judiciary's unwavering commitment to maintaining law and order. The dismissal of the bail petition reaffirms the legal principle that individuals implicated in serious criminal activities with strong evidentiary support face stringent judicial scrutiny. For legal practitioners and scholars, this case serves as a critical reference point for understanding bail jurisprudence, the interplay between different sections of the Penal and Criminal Procedure Codes, and the judiciary's approach to cases influenced by personal and familial disputes. Moreover, it highlights the importance of comprehensive evidence evaluation and the role of motive in shaping legal outcomes. The Peshawar High Court's decision underscores the necessity for balanced judicial discretion, ensuring that individual liberties are judiciously weighed against public safety and the integrity of the legal process. As such, Criminal Miscellaneous Bail Application No. 24-D of 2013 stands as a testament to the robust legal mechanisms in place to address and mitigate the repercussions of violent conflicts rooted in personal vendettas, thereby promoting a safer and more just society. |
| Court |
Peshawar High Court
|
| Entities Involved |
The STATE,
GUL RAZIM,
Muhammad Ismail Khan Alizai,
Sanaullah Khan Shamim D.A.G.,
Muhammad Yosuaf Khan,
SHAH JEHAN KHAN AKHUNDZADA, J,
Gula Jan,
Ehtesham,
Adil Khan
|
| Judges |
SHAH JEHAN KHAN AKHUNDZADA, J
|
| Lawyers |
Muhammad Ismail Khan Alizai,
Sanaullah Khan Shamim D.A.G.,
Muhammad Yosuaf Khan
|
| Petitioners |
GUL RAZIM
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2566,
2013 YLR 1144
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
324,
34,
427
|