MOMIN vs State Ss — 2023 YLR 938 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 938 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: MOMIN vs State Ss
Subject matter: Criminal
Provisions referred to: 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

MOMIN VS State Ss. 497 & 161---Penal Code (XLV of 1860), Ss. 324, 147, 148 & 149---Attempt to commit qatl-i-amd, rioting, armed with deadly weapon, common object---Bail, grant of---Delay in recording statement under S. 161, Cr.P.C.---Non-availability of Medico Legal Certificate---Scope---Accused sought bail after arrest in an FIR lodged under Ss. 324, 147, 148 & 149, P.P.C.---Crime report showed that six persons with arms fired upon the complainant, his son and nephew---Complainant remained unhurt while two sustained injuries---On site inspection four casing of TT pistol and three empties of SMG were recovered---Number of injuries on the person of injured suggested that the noose had been thrown much wider by the complainant---Kalashnikov rifle is a formidable weapon, if six persons had participated in the crime, none would have escaped alive---Medico-legal certificate of an injured person was not available nor was his statement under S. 161, Cr.P.C. was recorded---Bail application was allowed, in circumstances.

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