ABDUL KHALIQUE vs State S — 2023 PCrLJ 323 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 323 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: ABDUL KHALIQUE vs State S
Subject matter: Criminal
Provisions referred to: S. 497---P; 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

ABDUL KHALIQUE VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 114, 147, 148 & 149---Qatl-i-amd, abettor present when offence committed, rioting, armed with deadly weapon, common object--- Bail, grant of--- Role of instigation---Scope---Three co-accused persons were alleged to have committed the murder of deceased by causing pistol fire shot, causing hatchet and spade injuries on his face---Role of instigation and mere presence, being empty handed, is attributed to the accused and he is not alleged to have caused any injury either to the deceased or the complainant party---At the most his case fell under the scope of vicarious liability, which was to be determined by the Trial Court after recording evidence---Case against accused called for further enquiry in terms of subsection (2) of S. 497, Cr.P.C.---Bail application was allowed, in circumstances.

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