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SHAHID AHMED vs State Ss — 2022 YLRN 183 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 183 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
SHAHID AHMED vs State Ss
Subject matter
Criminal
Provisions referred to
S. 23---C; S. 23; S. 497; S. 561-

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

SHAHID AHMED VS State Ss. 497 & 561-a---Sindh arms act (V of 2013), S. 23---Constitution of Pakistan, art. 10-a---Unlicensed possession of arms---Possession of knife---Inherent powers of High Court---Right to fair trial---Bail, grant of---Scope---Prosecution case was that the accused along with other culprits was found travelling in a train without having tickets, on being prevented from doing so, the culprits deterred the complainant/ police constable from discharging his lawful duty and caused knife blows on his left shoulder with intention to commit his murder---accused, on recovery of knife, was booked for an offence punishable under S.23(i)(a), of Sindh arms act, 2013---Sessions Judge returned the FIR of the case together with charge sheet to the S.H.O. for presentation before the court having jurisdiction---accused, after his admission to bail by the High Court in main case, sought for his release on bail in the present case by making an application, which was not entertained by the Sessions Judge on the ground that the FIR and charge sheet had already been returned---High Court observed that after return of the charge sheet, it was not submitted by the police before any Court, therefore, the custody of accused after that was illegal---application under S.497, Cr.P.C., made by accused for his release on bail was converted into criminal miscellaneous application under S.561-a, Cr.P.C. and accused was ordered to be released---Order passed by Sessions Judge without providing chance of hearing to anyone was declared to be contrary to the mandate contained in article 10-a of the Constitution, thus, it was set aside with direction to the Sessions Judge to decide the point of jurisdiction afresh by providing chance of hearing to all the parties.

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