WAZIR ALI vs State S — 2023 YLR 1582 KARACHI-HIGH-COURT-SINDH

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WAZIR ALI VS State S. 497---Bail---Further inquiry---Scope---Every hypothetical question which can be imagined does not make it a case of further enquiry simply for the reason that it can be answered by the Trial Court subsequently after evaluation of evidence. Citation Name: 2023 YLR 1582 KARACHI-HIGH-COURT-SINDHBookmark this Case WAZIR ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 147, 148, 149 & 337-H---Qatl-i-amd, rioting, armed with deadly weapon, common object and hurt by rash or negligent act---Bail, refusal of---Scope---Accused was nominated in the FIR by name with specific role of causing firearm injury to the deceased on back side of his neck---As per FIR, three accused persons, including the accused, had fired three shots on the deceased and the post-mortem report of the deceased had also suggested three wounds of entry---Enmity between the parties was an admitted fact---Besides the complainant, there were two other eye-witnesses who had fully connected the accused with the commission of alleged offence, which fell within the prohibitory clause of S. 497, Cr.P.C.---Case of co-accused, admitted to post-arrest bail, was on different footings as no specific role had been assigned to him in the FIR---Benefit of rule of consistency was not available to the accused---So far as delay in lodging the FIR was concerned, it had been stated in the FIR that after informing the police through mobile phone and getting conducted the post mortem of the deceased, the complainant had lodged the FIR; hence, plausible explanation prima facie was available on record---Delay in FIR was not ipso facto a ground for the grant of bail---Veracity of plea of alibi would be determined at trial---Bail application was dismissed, in circumstances. Citation Name: 2023 YLR 1582 KARACHI-HIGH-COURT-SINDHBookmark this Case WAZIR ALI VS State S.497---Bail---Delayed FIR---Scope---Delay in FIR is not ipso facto a ground for the grant of bail.

WAZIR ALI vs State S — 2023 YLR 1582 KARACHI-HIGH-COURT-SINDH

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