MOHSIN RAZA vs State S — 2021 MLD 1800 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1800 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: MOHSIN RAZA vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MOHSIN RAZA VS State S.497---Penal Code (XLV of 1860), Ss. 302, 147 & 149---Qatl-i-amd, rioting, unlawful assembly---Bail, grant of---Allegation against the accused was that he and co-accused committed the murder of the deceased---Accused was nominated in the FIR with the role of strangulating the deceased---Post mortem report showed bruises on nose, right cheek, small scratches on cheek, bruises on face and no injury on skull and body of the deceased---Deceased was a cardiac patient---Cause of death was to be determined after receiving report of Chemical Analysis, meaning thereby that the medical report was not in line with the version given in the FIR---Cause of death was yet to be ascertained---Admittedly, there existed dispute between the parties---Deceased had filed a suit against the accused for illegal construction and violation of building code as well as encroaching upon public road/street which was pending before civil court---Enmity existed, thus false implication could not be ruled out---Admittedly, accused was present empty handed---Nomination in the FIR was no ground for refusal of bail---Circumstances suggested that there was no legal compulsion to keep accused in jail merely that he had been nominated in the FIR and alleged to have committed murder unless reasonable ground appeared to exist---Investigation of the case had been completed and accused had been remanded to judicial custody---Guilt or innocence of accused was yet to be determined by the Trial Court after recording evidence---Cumulative effect of the facts and circumstances of the case created doubt---Bail application was allowed, in circumstances.

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