Peshawar High Court Decided 16 June 2023

Afrasiab Khan Vs The State

Outcome The bail petition was allowed, and the petitioner was released on bail on furnishing surety bonds of Rs. 5,00,000/- with two local and reliable sureties.

Case: B.A No. 318-B of 2023
Type: Criminal
Length: 6 pages

Summary

AI-generated · quotes checked against the text

The case was a bail application in a murder matter under sections 302, 324 and 34 PPC. The Peshawar High Court held that the matter called for further inquiry and allowed bail.

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The background of the case
3 issues before the court
3 holdings, each with the court's own words and page
3 laws applied

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Written by AI from the judgment's text and may miss nuance. Rely on the full judgment below and the court's official copy. Court's own note: Bail Petition. Held: (a). Criminal Procedure Code (V of 1898)--- S. 497--- Pakistan Penal Code (XLV of 1860), S. 302/324/34 PPC---Qatl-i-Amd---Bail, Grant of---case of three versions--- Supplementary statement recorded at belated stage--- unseen occurrence---Further inquiry--- occurrence has taken place at midnight i.e. 01:00 hours--- initially, nobody was directly charged for the death of deceased--- In their statements under section 164 Cr.P.C, the complainants nominated the accused, however, none of them has disclosed the source on the basis of which they got satisfied about the complicity of the accused in the commission of offence--- There is yet a delay of about 16 days in recording the statements under section 164 Cr.P.C which has not been plausibly explained--- The evidentiary value of such statements would be determined during trial and no explicit reliance could be placed on such statements at the bail stage--- The occurrence is unseen one and so far, no witness having seen the accused while committing the alleged offence has come forward before the investigation officer to depose regarding their involvement in the deaths of the deceased--- Accused is allegedly injured in the occurrence--- (b) Three different reports in respect of the same alleged occurrence have been lodged and, therefore, it is yet to be proved during trial that which one amongst the three versions is correct and proved through convincing and reliable evidence--- Circumstances have established that case of accused is of further inquiry into his guilt--- Bail was allowed accordingly. (Bail Petition Allowed)

Full judgment

Official copy

IN THE PESHAWAR HI(;H COURT,

I}ANNU I}ENCH

(.lud ic ia I I )epa rt m e n t)

Cr.Misc:llA No.3l8-l] of 2023

Afrasiab Khan Vs Thc Statc ctc

ORDER

I)atc ol'hcaring t6.06.2023

l;or pctitioncr Muharnmad I{ashid Khan I)hirma Khcl Advocatc

Iror rcspondcnt: Mr. Inamullah Khan Kakki Advocatc

l;or Statc: llalv. Muhammad I lanif, Addl. A.G.

FAZAL SUBIIA J.--- Instant is a bail application olpctitioncr Alrasiab Kharr, chargcd and arrcstcd in conncction with casc lrll{ No.26 I datcd 17.04.2023 undcr scctions 302 I 324 I 34 Pl'C ol'l)olicc Stalion Saddar, [)istrict l]annu

2.Ilricf facts ol thc casc alc that on 17.04.2023 at 0l:00 hours (midnight), complainant Ilashrnat tlllah son ol- At.it. tlllah al lirncrgcncy Ward of Civil I Iospital, llannu rcportcd to thc cll'cct that on thc night o[ occurrcncc, hc alongwith his ncphcw Alrasiab Khan wcrc procccding on motorcyclc kl

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villagc Kotka Khan Shcrin, and whcn thcy rcachcd to thc unmctallcd path, lcading towards thc gravcyard ol villagc Shahbaz Azrrat Khcl, thcy spotted accuscd Wasil LJllah and T,ubair ln hcadlights o[ motorcyclc, duly armcd with Kalashnikovs, who, on sccing thc complainant party, immcdiatcly startcd firing at thcm in ordcr to commit thcir Qatl-i-Amd, as a rcsult, bolh o[ thcm wcrc hit and lcll lrom thc motorcyclc, whcrcaltcr thc accuscd dccampcd liorn thc spot. Motivc Ibr thc occurrcncc is statcd to bc prcvious blood fcud betwccn thc partics. 'l'hc locals shiftcd thc complainant and his ncphcw, in injurcd condition, to thc hospital. 'l'hc complainant, thcrcforc, chargcd thc prcscnt pctitioncr Wasil tJllah and co-accuscd T,ubair lor cl'l'cctivc liring upon thcrn with intcntion to causc thcir dcath.

3.On thc samc day, onc Naccm-ur-l{chman whilc prcscnt with thc dcad body ol his brothcr Amin-ur-llchman at I)l IQ I lospital, rcportcd that hc was prcscnt in his housc, whcn rcccivcd inlormation that thc dcad body ol'his brothcr Arnin-ur-llchrnan is lying in thc I)llQ llospital, hcncc, on his arrival, he found thc dcad body ol his brothcr. On inquiry,

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hc camc to know that his brothcr lcfl thc housc lor Nimaz-c-'l'arawih, but was donc to dcath by unknown pcrsons through fircarms. Similarly, on thc samc day, a third rcpo( was madc by Misal Khan son of Khan Afr.al at DIIQ llospilal in thc prcsencc of dcad body of his matcrnal unclc I Iamayun Khan and rcporlcd that hc was prcscnt in his housc, whcn reccivcd inlbrmation that thc dcad body of his maternal unclc is lying in I)l IQ I lospital, hcncc, hc visitcd thc hospital and camc to know that his dcccascd matcrnal unclc had lclt his housc for Isha prayer and was murdcrcd by somc unknown accuscd through lircarms. 'l'hc stalcmcnts ol Naccm-ur- Itchman and Misal Khan wcrc thcrcaftcr rccordcd undcr scction 164 Cr.l'.C on 04.05.2023, whcrcin thcy havc chargcd thc complainanl IIashrnal L.lllah and his ncphcw Aliasiab Khan (prcscnt pctitioncr) lor thc murdcr of Amin-ur-l{chman and I Iamayun Khan.

4.With this background ol thc casc, argumcnts of lcarncd counscl lor thc pctitioncr and thal of Assistant Advocatc Gcncral duly assistcd by lcarncd counscl [or thc complainant hcard ln dctail and record gonc through.

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5.On thorough analysis of thc rccord, it is clcar that thc occurrcncc has takcn placc at midnight i.c.

0l :00 hours on 17 .04.2023 and initially, nobody was dircctly chargcd by thc complainants Naccm-ur- Rchrnan and Misal Khan lor thc dcaths ol thc deccascd Arnin-ur-[{chrnan and I larnayun Khan. In thcir statcmcnts undcr scction 64 Cr.l'.C, thc complainants nominatcd thc accused-pctitioncr Afrasiab Khan alongwith co-accuscd Ilashmat [Jllah for thc dcaths of thc dcccascd, howcvcr, nonc of thcm has discloscd thc sourcc on thc basis of which thcy got satislicd about thc complicity ol thc accuscd in thc commission ol'ofl'cncc. 'l'hcrc is yct a delay of about 16 days in rccording thc statcmcnts undcr scction 164 Cr.P.C, which has not bccn plausibly cxplaincd. 'l'hc cvidcntiary valuc of such statemcnts would bc dctcrmincd during trial and no cxplicit rcliancc could bc placcd on such slalcmcnts at thc bail stagc. Morcovcr, thc occurrcncc is unsccn onc and so I'ar, no wilncss having sccn thc accuscd whilc comrnitting thc allegcd ofi'cncc has comc forward bclorc thc invcstigaling officcr to dcposc regarding thcir involvcmcnt in thc dcaths o f thc dcccased.

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6.Morcovcr, thc accuscd-pctitioncr is allcgcdly injured in thc occurrcncc and in that rcspcct, a rcport lodgcd by his co-injurcd/complainant I lashmat Ullah is worth pcrusal. Aftcr thc accuscd-pctitioncr alongwith his co-accuscd wcrc norninatcd in this casc, thc lnvcstigating Olllccr prcparcd two othcr sitc plans in addition to thc sitc plan alrcady prcparcd at thc instancc and pointation ol Alrasiab Khan (injurcd in thc casc lodgcd by complainant Ilashmat tJllah), which shows that blood was recovcrcd lrorn point "C" (thc point ol dcccascd Amin-ur-ll,chrnan) and point "l)" (thc point ol' dcccascd I lamayun Khan). 'l'hus, lrom thc rccord it is cvidcnt that thrcc diffcrcnt rcporls in rcspcct ol thc samc allcgcd occurrcncc havc bccn lodgcd and, thcrcforc, it is yct to bc provcd during trial that which onc amongst thc thrcc vcrsions is corrcct and provcd throrrgh convincing and rcliablc cvidcncc, hencc, thc abovc I'acts arc sulltcicnt to makc thc casc of pctitioncr onc ol' lurthcr inquiry into his guilt.

7.ln vicw of thc abovc, this pctition ls acccptcd and thc pctitioncr is rclcascd on bail providcd hc fumishcs surcty bonds to thc tunc of lts.5,00,0001 (rupccs fivc hundrcd thousand) with two local and

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rcliablc surctics to thc satisfaction ol Illaqa Judicial Magistratc / MOI).

8.'l'hc abovc arc thc rcasons lor my short ordcr ofcvcn datc.

Announccd

(Ghafoor 7,aman)

o wrilin o order:

of Junc, 2023 tr eso <:=

JADGE

:i... '!

'fiw 23

(S.ll) llon'blc Mr. Julilicc liazal Subhan

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