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BILAWAL vs State S — 2022 YLRN 26 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 26 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
BILAWAL vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; 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

BILAWAL VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 337-A(i), 337-F(v), 114, 148 & 149--- Qatl-i-amd, shajjah-i-khafifah, damiyah, abettor present when offence committed, rioting, armed with deadly weapon, common object---Bail, grant of---Scope---Prosecution case was that the accused along with his sons came to the house of complainant and on the instigation of accused the co-accused caught hold of the father of complainant and caused injuries with iron rod as a result he died---Motive of the incident was stated to be a domestic dispute taken place sometime back---Delay of fortnight period, which was explained as the preoccupation of the complainant in treatment of his father and subsequently in his funeral and condolence process---Complainant had not alleged that the accused had entered in the house and from the body of the FIR, it appeared that the incident had taken place outside the house---Accused was shown empty handed and no overt act was attributed save to the allocation of instigating the co-accused, which instigation/ direction did not amount to intention of the accused for killing the deceased---Petition for grant of bail was allowed, in circumstances.

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