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HAKIMUDDIN SOOMRO vs State S — 2022 YLRN 81 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 81 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
HAKIMUDDIN SOOMRO vs State S
Subject matter
Criminal
Provisions referred to
S. 498---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

HAKIMUDDIN SOOMRO VS State S. 498---Penal Code (XLV of 1860), Ss. 395, 365 & 448---Dacoity, kidnapping or abducting with intent to secretly and wrongfully confine person, house trespass--- Pre-arrest bail, confirmation of---First Information Report had been lodged with an unexplained delay of 19 days and was based on hearsay---Complainant was not the eye-witness of the incident---Civil dispute existed between the parties over some plot---No motive was on record against accused persons for commission of offence---Prima facie, case against accused persons appeared to be doubtful---Benefit of doubt would go to the accused persons even at bail stage---No complaint of misuse of concession of bail or tempering the record had been pointed out---Accused persons were regularly appearing in the case before High Court as well as Trial Court---No specific role had been assigned to any of the accused persons---Object of bail was to secure the appearance of the accused person at trial---Object of bail was neither punitive nor preventive---Deprivation of liberty must be considered a punishment, unless it might be required to ensure the presence of accused during trial---Every man was deemed to be innocent until duly found guilty---Life and liberty of a citizen was very precious and guaranteed by Art. 4 of the Constitution---Interim pre-arrest bail granted to accused persons was confirmed, in circumstances.

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