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KASHIF SHABBIR vs State S — 2022 YLRN 179 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 179 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
KASHIF SHABBIR vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 324; 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

KASHIF SHABBIR VS State S. 498---Penal Code (XLV of 1860), Ss. 324, 506 & 34---Attempt to commit qatl-i-amd, criminal intimidation and common intention---Pre-arrest bail, refusal of---Non-existence of mala fide---Scope---Accused sought pre-arrest bail in an FIR registered under Ss. 324, 506 & 34, P.P.C.---Name of two accused persons found place in the FIR with specific role that one of the accused persons fired upon the complainant party; whereas the other gave knife blows on the vital part of body of the complainant and the arms of his wife---Prima facie S.324, P.P.C. was very much applicable against them---Ocular evidence had found corroboration from the medical evidence---Concession of pre-arrest bail could not be allowed to an accused person unless the court felt satisfied with the seriousness of the accused person's assertion regarding his intended arrest being actuated by mala fide on the part of the complainant party or the local police but not a word about such crucial aspect of the matter was found as no mala fide was alleged on the part of complainant to believe that the accused persons had been falsely implicated---Bail application to the extent of accused persons was dismissed, in circumstances.

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