HIMAT ALI vs State S — 2022 MLD 452 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 452 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: HIMAT ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; 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

HIMAT ALI VS State S.497---Penal Code (XLV of 1860), Ss.398, 401, 381-A & 411---Attempt to commit robbery or dacoity when armed with deadly weapon, belonging to gang of thieves, theft of a car or other motor vehicles, dishonestly receiving stolen property---Bail, grant of---Accused with the rest of culprits being member of wandering gang associated with intention to commit theft at the place of incident and then escaped leaving behind stolen motorcycle when they found the police party coming towards them, for that the present case was registered---Nothing was brought on record by the prosecution which would suggest that the accused was member of wandering gang associated habitually to commit theft---Identification of accused by the police personnel at night time that too under the light of police mobile was a weak piece of evidence---No independent witness was available---Offence alleged against the accused did not fall within the prohibitory clause of S.497, Cr.P.C.---Grant of bail in such like cases was a rule while rejection was an exception---No exceptional ground was available, which could justify withholding the concession of bail---Accused was admitted to bail, in circumstances.

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