Rawail Vs The State etc

JUDGMENT SHEET

PES HAWAR HT GH COUR T. AI] I}OTTABAD I}E NCH

JUDICIAL DEPARTMIINT

Cr.Misc.Ii.A.No.918-A/201 8

:IUDGMEIJT

Petitioner (s)... (Rawail) by Syed Shah Faisal, Advocale....... .

llespondent (s)... (l'he Stqte etc) M/S by Sardqr Muhammad Asif, Assistant AG and Masood ur llehman 'l'anoli, Advocate.......

SYED MUHAMMAD ATTIOUE SHAH. J.-

Accuscd-petitioncr, Il.awail, after having bcen refused bail by the learned lower Courts in case l-IR No.218 daled 05.07.2017 under sections 3241337-li(iii) PPC, rcgistcred aL Polico Station Mangal, District Abbotlabad, has approachcd this Court lor thc samc rcliefby filing thc instant bail pctition.

2 'l'he allegation against thc accused- pctitioner, as rcveals from the report of Nazakat Ali, complainant is that his brother Rafaqat Ali visited the housc ol fathcr-in-law of accuscd/pctitioncr Ituwail, brothcr-in-law ol con.rplainant in a Suzuki to Matra Salar, Ilanda Pir Khan, whcrc I'amily dispulc of thc

wife of Rafaqat staflcd and Ruwail fircd at him, as a rcsult thcrcof, his brolhcr reccivcd injurics on his body.

J Argumcnts ol thc lcarncd counscl lor thc parlies hcard and the record pcruscd with thcir valuablc assistancc.

4 Pcrusal of rccord would rcveal that the accused/petitioner has been chargcd with specific role of hring a1 Itafaqat Ali, injured on his lcft flank. 'l'he injury altributcd to thc prcscnl accused/petitioner I{uwail being on non-vital part ol'thc body of injurcd, would requirc lLnhcr probc rcgarding guilt of thc prcscnt accuscdi pctitioner qua altcmpt to commit 'Qatl-i-lmd' during thc trial, parlicularly, whcn hc has not repcatcd ths fire shot. 'I'hcrc was no dislocation or fracturc of any bonc. It appcars lrom rccord of the mcdical rcporl that injury caused to thc injured was on his lcli flank, which l'cll within thc ambil ol scction ,r7-1t1iii) PPC. 'l'hc cvidcntiary valuc of thc rctractcd confcssion of thc accuscd/pctitioner and rccovcry of pistol from his posscssion would cerlainly be dclermincd by thc lcarncd trial Court altcr rccording cvidcncc. 'l'his Courl considcrs thal in view of pcculiar lacts and circumstanccs rcl'crrcd to abovc, { a casc ol '.fiu'ther inquiry' inlo thc guilt ol' thc

accuscd/pclitioncr is madc ou1, as contemplatcd in subscclion 2 olscction 497 Cr.P.C.

5 'l'hc obscrvations rcndcrcd hcrcinabovc bcing tcntativc in naturc would not all'ccl thc rnind of thc trial Court in any manncl whatsocvcr, during 1r.ial of thc casc.

6 Conscqucntly, this bail application ls acccpted and accuscd-pctitioncr, Iluwail is admittcd to bail, subjcct to his furnishing bail bonds in the sum of Its.200,000/- (l{upccs 'l'wo lacs), with two surctics each in thc likc amount to thc satislbclion ol' thc I I laq a I DuLy Magislrale, Abboltabad.

Abovc arc thc detailcd rcasons for shorl order of this Courl of even datc.

Dt.t4-12-2018. .I

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\l.Sak,r r* (Sll) llt Justrca .\'ttd llthun, ad .lttktte \ltuh

JUDGMENT SHEET

PES w HI T AI}BOTT AD I}ENCI{

JUDICIAL DEPARTMENT

Cr.Misc.B.A.No.918-A/201 8

JUDGMENT

Date of hearing l4-12-2018

Petitioncr(s)... (l{awail) by Sycd Shah }'aisal, Advocatc.........

Ii.cspondcnt(s).....('l'hc Statc ctc) M/S by Sardar Muhammad Asil, Assistanl AG and Masood ur Itehman 'l'anoli, Advocate. ......

SYEI) A OUE S J.- Iror

rcasons to be recordcd later, this bail application is acocplc<I ancl accuscd-pctilioncr, Ilawail son of Aurangzcb, is adrnittcd 1o bail in casc |lll No.2l8 datcd 05.07.2017 under scclions 3241337 -lt(rir) PPC, Police Station Mangal, Abbottabad, subject to his fumishing bail bonds in the sum of Rs'200,000/- (I{upees two lacs), with two suretics,, each in the like amount to the satislaction of thc lllaqalDufi Magistratc, Abbottabad.

//kZ:4_ t.l4-l -2018. .IUI)GE U.SAlcenr/*