| Case ID |
1b1e870e-9c0a-47b9-b60b-a50470cc1680 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 397 of 2009 |
| Decision Date |
Dec 07, 2009 |
| Hearing Date |
Dec 07, 2009 |
| Decision |
The petition for bail filed by Shabbir Khan has been dismissed. The court found that the petitioner was directly charged with the killing of two innocent persons, and the recovery of the weapon used in the offence was made on the petitioner’s pointation, establishing a strong prima facie connection to the crime. The court concluded that the facts and circumstances warranted the application of the prohibitory clause under Section 497 of the Criminal Procedure Code, thus denying bail. The petitioner had previously been refused bail by two lower courts, and the prosecution's evidence was deemed sufficient to maintain the charges against him. |
| Summary |
In the case of Criminal Miscellaneous No. 397 of 2009, the Peshawar High Court addressed serious charges against Shabbir Khan, who was implicated in the murders of Saleem Khan and his mother, Mst. Zariat-un-Nisah. The court emphasized the gravity of the allegations, citing the direct involvement of the petitioner as per the FIR, which accused him of using a firearm in the commission of the crime. The decision hinged on the evidence presented, including the recovery of the weapon from the petitioner, which formed a critical link to the offence. The court noted that the facts of the case suggested that bail could not be granted due to the nature of the charges, which involved intentional murder, and the potential for the petitioner to influence witnesses or tamper with evidence if released. The decision to deny bail underscores the importance of ensuring that individuals accused of serious crimes remain in custody while awaiting trial, particularly in cases where the evidence against them is compelling. The ruling reinforces legal standards concerning the provision of bail in serious criminal cases and highlights the judiciary's role in upholding justice and public safety. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN FASIH-UL-MULK
|
| Lawyers |
Abdur Razaq Chughtai,
Barrister Jerongir Jadoon,
Miss Rohila Mughal
|
| Petitioners |
Shabbir Khan
|
| Respondents |
THE STATE,
2 others
|
| Citations |
2010 SLD 2803 = 2010 PCRLJ 396
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
West Pakistan Arms Ordinance (XX of 1965)
|
| Sections |
497,
302/34,
13
|