FOUJ ALI vs State S — 2022 MLD 540 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 540 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: FOUJ ALI 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

FOUJ ALI VS State S.497---Penal Code (XLV of 1860), Ss.302, 364, 452, 147, 148 & 149---Qatl-i-amd, kidnapping or abducting in order to murder, house-trespass after preparation for hurt, assault or wrongful restraint, rioting, armed with deadly weapon, common object---Bail, refusal of---Scope---Allegation against accused persons was that they along with others due to some minuscule entered in the house of deceased at night, abducted him and subsequently murdered him---At that time some hot words were exchanged between one of the accused persons and brother of complainant due to which the later was abducted and murdered---Complainant and accused persons were residents of the same vicinity, as such those of the accused who had taken part in the offence overtly, their misidentification was ruled out---Defence heavily relied on the re-investigation carried out on the request of the accused party, according to which actual author of the offence was the one who was named through a further statement---High Court observed that police could carry out multiple investigations but ipse dixit of police was not binding on the Court---Application for grant of bail was dismissed, in circumstances.

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