SOHAIL KHATTAK vs State Ss — 2023 MLD 1924 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1924 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: SOHAIL KHATTAK vs State Ss
Subject matter: Criminal
Provisions referred to: S. 103; S. 497; 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

SOHAIL KHATTAK VS State Ss. 497 & 103---Penal Code (XLV of 1860), Ss. 397, 411 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery and dacoity with attempt to cause death or grievous hurt, dishonestly receiving stolen property and common intention---Bail, grant of---Delayed FIR---Non-holding of identification parade---Effect---Accused persons sought bail after arrest in an FIR lodged under Ss. 397, 411 & 34, P.P.C.---First Information Report was lodged on the next day of the incident against unknown culprits---Identification test of the accused persons through complainant was not held---Holding of identification parade becomes necessary in cases, where names of the culprits are not given in the FIR---Holding of such test is a check against the false implication and it is a good piece of evidence against the genuine culprits, therefore, holding of identification test cannot be dispensed with, simply because of the reason that the person accused of committing such robbery, have subsequently been found in possession of the robbed vehicle---Robbed vehicle was recovered from a thoroughfare---Not a single witness from the public was associated to witness the recovery proceedings, therefore, the provisions of S. 103, Cr.P.C. were not complied with by the police---Accused persons had made out a good prima facie case for their release on bail, as their case was purely covered by subsection (2) to S. 497, Cr.P.C.---Accused persons were admitted to bail, in circumstances.

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