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DILDAR ALI vs State S — 2022 YLRN 82 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 82 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
DILDAR ALI 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

DILDAR ALI VS State S.498---Penal Code (XLV of 1860), Ss.302 & 34---Qatl-i-amd, common intention---Pre-arrest bail, confirmation of---Further inquiry---Plea of alibi---Delay in lodging FIR---Allegations against the accused persons were that they, within the sight of the witnesses, opened fire and deceased, lost his life in the hospital due to the firearm injuries---Allegedly, the incident had taken place on 03.05.2019 and was reported on 07.05.2019 but as per record, the accused persons were not present in Pakistan as they had gone to Saudi Arabia to perform Umrah with their families---Original passports of the accused and their family members had also been produced--- Immigration entries showed that they departed from Pakistan on 29.04.2019 and returned back on 17.05.2019, which showed that they were not present in the country on the date of incident, as such their presence at the scene of incident was hardly believable at the reported date and time of the incident---Delay in lodging of FIR was sufficient to presume deliberation and consultation before reporting the incident to police--- In view of delay in lodging of FIR, a strong plea of alibi and availability of malice and ulterior motive due to twisting of the complaining party from the version of FIR, a case of pre-arrest bail had been made out in favour of the accused---Pre-arrest bail already granted to the accused persons was confirmed, in circumstances.

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