SHAHID AHMED vs State S — 2022 PCrLJN 89 KARACHI-HIGH-COURT-SINDH

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SHAHID AHMED VS State S. 498---Penal Code (XLV of 1860), Ss. 380 & 454---Theft in dwelling house and lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment---Pre-arrest bail, grant of---Further inquiry---Scope---Accused sought pre-capture bail in an FIR lodged under Ss. 380 & 454, P.P.C.---Sole bit of proof which was being guaranteed by the arraignment to be an onlooker was the announcement of the neighbour, who was inspected by the police under S. 161, Cr.P.C. and her proof was yet to be recorded by the preliminary court in the wake of surrounding of charge---Witness had not indicated whether in the wake of opening lock of the passageway, the accused supposedly had entered inside the flat and committed theft; and accordingly, no offense as far as S. 454, P.P.C., was committed---Case was being attempted by Judicial Magistrate, where in the wake of recording proof of the gatherings, in the event that indictment might prevail to demonstrate its argument against the applicant even, at that point, discipline of beyond 3 years could not be envisioned---Bail, in such circumstances, turned out to be right of a blamed and refusal would be a special case---Applicant's case was simply secured by subsection (2) to S. 497, Cr.P.C. and required further enquiry---Bail application was permitted, in circumstances.

SHAHID AHMED vs State S — 2022 PCrLJN 89 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported