| Case ID |
22f94871-d58e-47f6-8fab-1f3a8bea598f |
| Body |
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| Case Number |
Criminal M.B. No. 17-B of 2021 |
| Decision Date |
Feb 04, 2021 |
| Hearing Date |
Feb 04, 2021 |
| Decision |
The petitioner, Nauman Khan, was granted bail subject to furnishing bail bonds of Rs:2,00,000/- with two sureties, each in the same amount, to the satisfaction of the learned trial Court/MOD concerned. The court acknowledged the conflicting versions of the incident and determined that further inquiry was necessary to ascertain the truth. Consequently, considering the circumstances and the need to avoid miscarriage of justice, the petition was allowed, and the petitioner was released from custody unless required in connection with any other criminal case. |
| Summary |
In the case of NAUMAN KHAN vs THE STATE AND 2 OTHERS, adjudicated by the Peshawar High Court on February 4th, 2021, the petitioner, Nauman Khan, sought post-arrest bail under Criminal M.B. No. 17-B of 2021. The case revolved around an altercation outside a barber shop in Bannu City, where Nauman Khan, a rickshaw driver, was involved in a dispute over parking his rickshaw. The confrontation escalated, resulting in firearm injuries to both parties. The court reviewed the conflicting accounts, emphasizing the necessity of determining the aggressor and the aggressed through further inquiry. Citing relevant laws such as the Criminal Procedure Code, Penal Code, and Khyber Pakhtunkhwa Arms Act, the court referenced precedents like Shoaib Mehmood Butt v. Iftikhar-ul-Haq and Zaigham Ashraf v. The State to substantiate the decision to grant bail. The judgment underscored the importance of judicial discretion in bail matters, ensuring that the liberty of the accused is not curtailed without substantial cause. Ultimately, recognizing the merit in the petitioner's request for further inquiry, the court granted bail, thereby upholding the principles of justice and fairness. This case highlights critical aspects of bail jurisprudence, conflict resolution, and the role of evidence in criminal proceedings, making it a significant reference for legal practitioners and scholars interested in criminal law and procedural justice. |
| Court |
Peshawar High Court
|
| Entities Involved |
Police Station Bannu City
|
| Judges |
Sahibzada Asadullah, Justice
|
| Lawyers |
Noor Zada Khan Ahmadzai,
Qudratullah Khan Gandapur,
Asghar Nawaz Khan
|
| Petitioners |
Nauman Khan
|
| Respondents |
Respondent 2,
The State,
Respondent 3
|
| Citations |
2021 SLD 2577,
2021 PCRLJ 1582
|
| Other Citations |
Shoaib Mehmood Butt v. Iftikhar-ul-Haq and 3 others 1996 SCMR 1845 rel.,
Zaigham Ashraf v. The State and others 2016 SCMR 18 rel.,
Sushran Bibi v. The State (PLD 2018 SC 595)
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860),
Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
|
| Sections |
497,
324,
15
|