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TALIB HUSSAIN vs State S — 2023 PCrLJN 55 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 55 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
TALIB HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 498---; 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

TALIB HUSSAIN VS State S. 498--- Penal Code (XLV of 1860), Ss. 452, 337-A(i), 337-A(iv), 337-F(i), 337-F(iv), 337-L(2), 506(2), 114, 147, 148 & 149---House-trespass after preparation for hurt, assault or wrongful restriant, shajjah-i-khafifah, shajjah-i-munaqqilah, damiyah, mudihah, punishment for other hurt, criminal intimidation, abettor present when offence committed, rioting, armed with deadly weapon and common object---Pre-arrest bail, grant of---Further enquiry---Scope---Accused persons sought pre-arrest bail in an FIR lodged under Ss. 452, 337-A(i), 337-A(iv), 337-F(i), 337-F(iv), 337-L(2), 506(2), 114, 147, 148 & 149, P.P.C.---Report was lodged with a delay of nine months, however, the complainant had not furnished any plausible explanation for such an inordinate delay---Parties were already on strained relations over matrimonial dispute, therefore, mala fide on the part of prosecution could not be ruled out---Accused persons had successfully made out a good prima facie case for further inquiry within the meaning of subsection (2) of S. 497, Cr.P.C.---Bail application was allowed, in circumstances.

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