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MOULA BUX alias MOULAI MALLAH vs State Ss — 2022 PCrLJ 370 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJ 370 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PCRLJ
Parties
MOULA BUX alias MOULAI MALLAH vs State Ss
Subject matter
Criminal
Provisions referred to
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

MOULA BUX alias MOULAI MALLAH VS State Ss. 497 & 498---Penal Code (XLV of 1860), Ss. 269, 270 & 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of poison---Bail, grant of---Non-availability of Chemical Examiner's report---Non-association of independent witnesses---Further inquiry---Scope---Accused sought post-arrest bail in an FIR registered under Ss. 269, 270 & 337-J, P.P.C., whereas co-accused sought pre-arrest bail in the same FIR---No independent person was picked up to act as mashir either from the place where the police allegedly received information or from the alleged place of recovery although both the places were in populated areas---Weight of the contraband was not mentioned in the FIR---Chemical Examiner's report was not available on record---Case required further inquiry into the guilt of accused persons and their case fell within the ambit of S. 497(2), Cr.P.C., which entitled them to the grant of concession of bail--- Applications for grant of bail were allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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