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AHMAD KHAN vs State S — 2022 PCrLJN 11 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 11 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
AHMAD KHAN 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

AHMAD KHAN VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 452, 337-A(i) & 337-L(2)---Qatl-i-amd, house-trespass after preparation for hurt, Shajjah-i-khafifah, causing hurt---Bail, refusal of---Accused was charged for committing murder of aunt of complainant and causing injuries to father and cousin of the complainant---Record showed that the alleged incident took place at 07.15 p.m. inside the house of the complainant and the FIR was lodged on the same day at about 08.30 p.m.---Delay in lodgement of the FIR had properly been explained by the complainant---Accused-petitioner had been attributed main role of committing the murder of deceased by causing her firearm injuries with his repeater, who succumbed to the injuries at the spot---Version of the complainant recorded in the FIR was fully supported by the prosecution witnesses in their statements recorded under S. 161, Cr.P.C., so also corroborated by post-mortem---Recovery of repeater, allegedly used by the accused-petitioner in the commission of offence, was also effected from his possession, so also empty cartridge secured from the place of occurrence was also opined to be fired from the said repeater as reported by Incharge, Forensic Science Laboratory---Reasonable grounds were available to believe that the accused-petitioner had played specific role by committing the murder of deceased by causing her firearm injuries---Case of the accused-petitioner fell under the prohibitory clause of S. 497(1), Cr.P.C. disentitling him for the grant of bail on the ground of further inquiry---Bail application was dismissed accordingly.

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