MUDASIR NAZAR vs State S — 2022 MLD 1146 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1146 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: MUDASIR NAZAR vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 161; S. 497; 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

MUDASIR NAZAR VS State S.498---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-i-amd and common intention---Pre-arrest bail, refusal of---Scope---Allegation against accused was that he in league with his brother had beaten the latter's wife and forcibly administered poison as a result of which she died---Name of accused was duly mentioned in the FIR---Prosecution witnesses in their statements under S.161, Cr.P.C., had supported the version of the complainant---Case involved allegation of subjecting an innocent house lady to perpetrated domestic violence---Co-accused himself had laid the information before the police about taking of poison by the deceased, but the provisional post-mortem report had revealed that the deceased had also received five injuries on different parts of the body, which prima facie showed that she was subjected to domestic violence, but the injuries were suppressed by the accused in their report, which adversely reflected upon them---No question of mala fide existed on the part of the complainant to falsely implicate the accused in such a heinous crime involving brutal murder of an innocent house wife, carrying capital punishment falling within the ambit of prohibitory clause of S. 497, Cr.P.C.---Accused had failed to make out his case for grant of extraordinary concession of pre-arrest bail---Application was dismissed, in circumstances.

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