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MUHAMMAD KALEEM KHAN vs State S — 2022 PCrLJN 41 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 41 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MUHAMMAD KALEEM KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 498---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

MUHAMMAD KALEEM KHAN VS State S. 498---Penal Code (XLV of 1860), Ss. 448 & 34---House-trespass and common intention---Pre-arrest bail, grant of---Pendency of civil litigation---Rule of consistency---Scope---Allegation in the FIR was that accused along with other persons came to the banglow of complainant and forcefully occupied the same but perusal of the record reflected that civil litigation was pending in respect of the same subject premises filed by accused person's wife against the complainant and other persons before the High Court, which showed that parties were already in dispute with regard to the same subject property---First Information Report was lodged with a delay of 24 hours for which no satisfactory explanation was given by the complaint and; hence, false implication of accused in the case with due deliberation and consultation could not be ruled out---Co-accused had already been granted bail as such the case of accused was at par with the case of said co-accused and he was also entitled to equal treatment---Application for grant of pre-arrest bail was allowed, in circumstances.

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