PERVAIZ AHMED vs SARDAR KHAN S — 2022 PCrLJN 15 KARACHI-HIGH-COURT-SINDH

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PERVAIZ AHMED VS SARDAR KHAN S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 504, 114, 109, 148 & 149---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Qatl-i-amd, intentional insult with intent to provoke breach of peace, abetment, abettor present when offence was committed, rioting and common object, act of terrorism---Application for cancellation of pre-arrest bail---Plea of alibi---Further inquiry---Scope---Complainant sought cancellation of pre-arrest bail granted to two accused persons---Accused persons were nominated in the FIR with clear motive for commission of offence and with specific role of abetment and instigation to commit murder---Trial Court granted bail to first accused on the basis of plea of alibi and no reasons were given regarding the second accused---Prosecution witnesses had categorically supported the allegations against first accused, hence, plea of alibi alone was not sufficient to prevail over prosecution material---Statements of independent persons, even if recorded during course of investigation, if appeared to be defence version, could not be allowed to prevail over prosecution witnesses---Allegation against second accused was that of abetment/conspiracy but ingredients to establish such allegation required proof---Mere allegation of connection had made the case against said (second) accused one of further inquiry---Application was disposed of, accordingly.

PERVAIZ AHMED vs SARDAR KHAN S — 2022 PCrLJN 15 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported