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ALI KHAN MARI vs State S — 2023 PCrLJN 51 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 51 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
ALI KHAN MARI 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

ALI KHAN MARI VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 114, 147, 148 & 149---Qatl-i-amd, abettor present when offence is committed, rioting, armed with deadly weapon---Bail, grant of---Rule of consistency---Vicarious liability---Scope---Accused sought post-arrest bail in an FIR---Co-accused persons had committed the murder of a person by causing him pistol fire shot, hatchet and spade injuries on his face---Role attributed against the accused was that he was present at the scene of occurrence having lathi in his hand but he had not used the same in the commission of alleged offence---Accused was not alleged to have caused any injury either to the deceased or to the complainant party---At the most his case fell under the scope of vicarious liability---Another accused whose case was at par with that of the accused had been granted bail by the High Court---Case against accused called for further inquiry in terms of subsection (2) of S. 497, Cr.P.C.---Petition for grant of bail was allowed, in circumstances.

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