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ALI GUL vs State S — 2022 PCrLJN 67 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 67 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ALI GUL vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 161; 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

ALI GUL VS State S. 497--- Penal Code (XLV of 1860), Ss. 302, 506(2), 337-H(2), 337-A(i), 337-F(i), 114, 148 & 149---Qatl-i-amd, criminal intimidation, hurt by rash or negligent act, shajjah-i-khafifah, damiyah, abettor present when offence committed, rioting, armed with deadly weapon---Bail, refusal of---Recovery of weapon---Tentative assessment---Scope---Accused persons sought post-arrest bail as they were arrested for having been nominated in the FIR with specific role of being armed with pistols and making successive fire shots on the person of deceased---Other witnesses in their statements recorded under S. 161, Cr.P.C., had also implicated the accused persons with same role in the commission of offence---Ocular evidence was corroborated by post-mortem report of the deceased---Contention of accused persons that as per FIR both of them had fired upon the deceased which hit him, whereas as per post-mortem report deceased received only one fire shot, could not be considered at bail stage as deeper appreciation of evidence was not permissible---Crime weapon recovered on the indication of accused persons had matched with the empties recovered from the place of incident---Petition for grant of bail was dismissed, in circumstances.

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