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Haji MUHAMMAD SIDDIQUE vs State S — 2023 PCrLJN 21 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 21 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
Haji MUHAMMAD SIDDIQUE vs State S
Subject matter
Criminal
Provisions referred to
S. 497---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

Haji MUHAMMAD SIDDIQUE VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 114, 342, 506, 337-H & 34---Qatl-i-amd, abettor present when offence committed, wrongful confinement, criminal intimidation, hurt by rash or negligent act, common intention---Bail, grant of---Old age of accused---Vicarious liability---Scope---Allegation against accused was that he instigated the accused persons to commit murder of the victim---Prima facie no evidence was available on record of conspiracy, previous meeting of minds and joining of hands together by the accused with the main accused to take life of the victim---Accused had admittedly caused no injury on the person of the deceased---No role was attributed to him except the alleged instigation and forcing family members to be inside the room---Vicarious liability of the accused would be determined by the Trial Court after recording evidence---Accused was suffering from various ailments including renal failure---Accused was an old man aged 81 years---No incriminating material was recovered from the possession of the accused during the course of investigation---Record did not reflect that the accused overacted in the alleged incident---Accused had made out a case of post arrest bail---Bail application was allowed, in circumstances.

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