Sardar MASOOM KHAN vs State S — 2021 YLRN 95 QUETTA-HIGH-COURT-BALOCHISTAN

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Sardar MASOOM KHAN VS State S. 498---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, act of terrorism---Ad-interim pre-arrest bail, confirmation of---Further inquiry---Contents of FIR revealed that unknown accused made firing on the complainant party, due to which one person died and other received injuries---Admittedly, FIR was lodged against unknown persons---Later, one Naib Subedar FC submitted an application wherein it was stated that on inquiry it came to know that the occurrence had taken place on the instigation and consultation of accused/applicant but prosecution failed to collect any evidence in regard of conspiracy as to when and where the conspiracy was made---Complainant had not furnished source of information and detail of conspiracy/ abetment---If the prosecution had alleged that the occurrence had taken place on instigation, abetment and consultation of accused/applicant then the prosecution had to substantiate its contention through cogent evidence---Record depicted that there was no evidence about conspiracy---Court could even look into and evaluate the mala fides from the facts and circumstances of the case, which apparently was oozing in the case---Bail application was allowed and the ad-interim bail earlier granted was confirmed, in circumstances.

Sardar MASOOM KHAN vs State S — 2021 YLRN 95 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Judgment text as reported