SHER ALI vs State S — 2023 PCrLJN 96 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

SHER ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 365, 302 & 34---Kidnapping or abducting with intent to secretly and wrongfully confine person, qatl-i-amd and common intention---Bail, refusal of---Circumstantial evidence---Scope---Admittedly the deceased had gone with the accused and other accused persons from house as claimed by the complainant and independent witnesses in their respective statements recorded under S. 164, Cr.P.C.---Neither the accused had rebutted such argument nor had he taken any effort to show from any document available on record that if the deceased was with him then he had ever dropped him somewhere---Contention of complainant that CDR (Call Data Record) of the accused and deceased had matched was not rebutted---Though the mobile phone of the deceased was recovered from someone else but record revealed that the accused had thrown the mobile phone while opening the window of car near a hotel where an employee of the hotel had seen them and picked the mobile phone---Such factum got support from the fact that during interrogation the accused led the police party to the pointed place where he had thrown the mobile phone which was then recovered from a hotel employee, who had also identified the accused---Vehicle on which the deceased was murdered was also recovered on his indication with blood stained seat covers, staring and footrest---Prima facie, the accused was roped by the circumstances to be the culprit of incident---Bail application was dismissed.

SHER ALI vs State S — 2023 PCrLJN 96 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported