| Case ID |
0f848939-73ae-43cd-aa8b-c5d0afae4fd0 |
| Body |
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| Case Number |
Bail Application No. 323-B of 2015 |
| Decision Date |
Jan 04, 2016 |
| Hearing Date |
Jan 04, 2016 |
| Decision |
The petition for grant of bail was dismissed due to the significant evidence against the accused, including a direct charge in the FIR, medical evidence showing serious injury to the complainant, and the accused's willful abscondence for four years. The court emphasized that the acquittal of a co-accused does not automatically entitle another accused to bail, especially when there are reasonable grounds for believing the accused has committed the offence. The trial is to be concluded within four months. |
| Summary |
In the case of Nasir Khan, the Peshawar High Court addressed the bail application concerning serious charges under sections of the Criminal Procedure Code and the Penal Code for attempted murder. The court highlighted the importance of the evidence presented, including the complainant's account, the injury sustained, and the accused's lengthy abscondence. The ruling reiterated that the mere acquittal of a co-accused does not guarantee bail for another accused. The court's decision emphasizes the necessity of evaluating evidence in the accused's presence, which is pivotal in criminal proceedings. The ruling serves as a significant precedent regarding bail applications in serious criminal cases, stressing the balance between the rights of the accused and the seriousness of the charges. Key terms include bail refusal, criminal procedure, and evidentiary standards in court. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD YOUNIS THAHEEM
|
| Lawyers |
M. Sadeeq Khan,
Shah Hussain Khan,
Qudrat Ullah Khan
|
| Petitioners |
Nasir Khan
|
| Respondents |
another,
Qasim Khan
|
| Citations |
2017 SLD 123,
2017 PCRLJ 130
|
| Other Citations |
Atlas Khan v. Mazamullah Khan and another 1989 PCr.LJ 2044,
Sardar v. State PLD 1979 Pesh. 16
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
497,
324,
34
|