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MURAD alias MANN vs State Ss — 2022 YLRN 52 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 52 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
MURAD alias MANN vs State Ss
Subject matter
Criminal
Provisions referred to
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

MURAD alias MANN VS State Ss. 497, 87 & 88---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Penal Code (XLV of 1860), Ss. 302, 392, 201, 411 & 34---Qatl-i-amd, common intention, robbery, causing disappearance of evidence, dishonestly receiving stolen property, knowingly same to be stolen, common intention, act of terrorism---Bail, refusal of---abscondence---Effect---"Heinous crime"---Scope---Petitioner appeared before the Court when the trial of some co-accused of triple murder (including a child) had concluded---Petitioner contended that as soon as he came to know about the pendency of the case, he voluntarily surrendered himself before the Court--- Validity--- Petitioner remained absconder for a considerable period of time---after the incident, on the pointation of the co-accused, a raid was conducted at the house of petitioner from where valuable articles stolen from the house of the deceased persons were recovered---Crime weapon was also recovered from his house; it could not be believed that inspite of conducting a raid and search of the house, the petitioner remained oblivion of the pendency of the present case ---Even proceedings under Ss.87 & 88, Cr.P.C., were initiated during which the statements of his neighbours were recorded, who had disclosed that after the incident the petitioner escaped/ shifted from his place of permanent abode---Petitioner was as if watching the proceedings and after conviction and sentencing of the co-accused, he decided to appear before the Trial Court---Story of voluntarily surrendering before the Court was not believable in circumstances---Petitioner was involved in a serious offence, which surely fell under the definition of "terrorism", as such , he was not entitled to any relief---Bail was refused to the petitioner, in circumstances.

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