BARKAT vs State S — 2022 MLD 1525 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 1525 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: BARKAT vs State S
Subject matter: Criminal
Provisions referred to: S. 497---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

BARKAT VS State S.497---Penal Code (XLV of 1860), Ss.302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Accused was charged that he, in association with co-accused being armed with iron rod, as a member of unlawful assembly committed murder of the nephew of complainant---Record showed that the present accused had been attributed specific role and overt act of causing blows of iron rod to the deceased---Admitted fact that after arrest of the accused, said iron rod, used in the commission of alleged offence, was also recovered from the possession of the accused, which was also stained with blood---Version of the complainant recorded in the FIR was fully supported by the witnesses in their statements recorded under S.161, Cr.P.C. so also corroborated by post-mortem report---Prima-facie, there was sufficient material against the accused to connect him with the commission of offence, in which an innocent soul, aged about 34/35 years, had lost his life---Accused had played his specific role in committing the murder of the deceased by causing him blows of iron rod and the case fell under the prohibitory clause of S.497(1), Cr.P.C.---Bail application was dismissed, in circumstances.

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