MUKHTIAR ALI vs State S — 2023 MLD 684 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 684 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUKHTIAR ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 161; 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

MUKHTIAR ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 337-L, 337-H, 427, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, punishment for other hurt, hurt by rash or negligent act, mischief causing damage to the amount of fifty rupees, rioting, armed with deadly weapon, common object---Bail, refusal of---Vicarious liability---Delayed FIR---Scope---Name of accused appeared in the FIR with specific role as he was complained to have been armed with a Kalashnikov and fired at deceased which hit him on left elbow---Accused had actively participated in the commission of the offence---Principle of vicarious liability was attracted to the case of accused---Complainant had alleged the motive that his brother (deceased) had contracted marriage with sister of accused on which he had issued threats to commit murder---Medical officer had found the injury, attributed to the accused, fatal in nature---Delay had been duly explained in the FIR which was that the complainant had taken the dead body to the police station, postmortem was conducted, funeral rites were conducted and then he had appeared at police station for getting the FIR lodged---Prosecution witnesses in their statements under S. 161, Cr.P.C., had supported the version of FIR---Offence with which the accused had been charged entailed capital punishment, as such, fell within the prohibitory clause of S. 497(2), Cr.P.C.---Bail application was dismissed, in circumstances.

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