SAJJAD vs State S — 2022 YLRN 110 KARACHI-HIGH-COURT-SINDH

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SAJJAD VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 114, 148, 149 & 337-H(1)---Qatl-i-amd, abettor present when the offence committed, rioting, unlawful assembly, hurt by rash and negligent act---Bail, refusal of---Accused was nominated in the FIR with specific role of making firing at the deceased along with co-accused---Delay per se in lodging FIR was not a sufficient ground for grant of bail in a murder case---Even otherwise, delay of 18 hours in lodging FIR had been explained by the complainant in the FIR---Eye-witnesses had fully implicated the accused in their statements recorded under S. 161, Cr.P.C.---Post-mortem report revealed that the deceased received multiple firearm injuries---Opinion of Medico Legal Officer revealed that death of deceased was caused due to hemorrhage and cardiogenic shock and two injuries were sufficient to cause death in ordinary course of life---Ballistic report showed that out of eight crime empties of 7.62 mm bore, three crime empties marked as "CI, C2 and C3" were fired from 7.62 mm bore---Submachine gun (SMG) was recovered from the accused by the police---Alleged offence fell within the prohibitory clause contained in subsection (1) of S. 497, Cr.P.C., which disentitled the accused from grant of bail---Prime facie, sufficient evidence was available against the accused to connect him with the commission of alleged offence, carrying punishment for death or imprisonment for life---Bail application was rejected, in circumstances.

SAJJAD vs State S — 2022 YLRN 110 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported