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ABDUL KAREEM vs State S — 2023 PCrLJN 3 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 3 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ABDUL KAREEM vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 7---Q; Penal Code (XLV of 1860); Anti-Terrorism Act (XXVII of 1997)

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 KAREEM VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, rioting, armed with deadly weapon---Act of terrorism---Bail, refusal of---Delayed FIR---Absconsion of accused---Res gestae witness---Dying declaration---Scope---Allegation against accused was that he along with other nominated or unknown but identifiable co-accused persons came to the business place of complainant's brother and caused him firearm injuries as a result of which he succumbed to the injuries---Delay in lodging FIR was natural and the same was plausibly explained within the body of FIR---Accused had remained absconder for more than four years---Accused was associated with a proscribed organization, which was involved in sectarian terrorism---Motive for the murder was alleged to be a sectarian dispute---Murder was motivated due to clerical strife and conflict in which the accused and his associates were so desperate that they allegedly did not hesitate to take the life of a person with whom they had no personal grudge or animosity---Absence of complainant from the place of incident made no difference because he had first-hand knowledge of res gestae and had also reported the dying declaration of deceased---Accused was not entitled to the concession of bail---Bail application was dismissed, in circumstances.

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