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AKRAM vs State S — 2023 PCrLJN 24 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 24 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
AKRAM 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

AKRAM VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 148, 149 & 337-H---Qatl-i-amd, rioting, armed with deadly weapon, hurt---Bail, grant of---Delayed FIR---Further inquiry---Scope---Accused sought post-arrest bail in an FIR registered under Ss. 302, 148, 149 and 337-H(2), P.P.C.---First Information Report was recorded with a delay of 23 hours for which no plausible explanation was furnished---Delay in lodging the FIR per se was no ground for grant of bail but where murderous enmity between the parties was admitted, such delay gave rise to presumption of accused having been falsely involved in the case after deliberation and consultation---Only allegation against the accused was that of his presence at the spot and of firing in the air; besides it, no other overt act was attributed towards him---Question of vicarious liability of accused with regard to the commonness of his intention for committing alleged offence would be determined at the trial---Case of accused was one of further inquiry into his guilt as envisaged under subsection (2) of S. 497, Cr.P.C.---Accused was admitted to bail, in circumstances.

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