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WASEEM vs State S — 2023 PCrLJN 69 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 69 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
WASEEM vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 161; 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

WASEEM VS State S. 498---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Pre-arrest bail, refusal of---Absence of mala fide---Allegation against accused persons was that they attempted to commit qatl-i-amd of the complainant's nephew---Accused persons were nominated in the FIR with specific role due to which nephew of the complainant had received injuries on vital part of his body---Investigating Officer had recorded S. 161, Cr.P.C. statements of the witnesses who had fully implicated the accused persons in the commission of the crime, which appeared to be of serious nature---Pre-arrest bail was an extraordinary remedy, which could be extended only when mala fide on the part of complainant was apparent, but the accused persons had not alleged any single reason for their false implication---Extraordinary relief in the shape of pre-arrest bail could not be extended in the absence of mala fide on the part of complainant and police---Pre-arrest bail application was dismissed.

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