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SABZ ALI vs State S — 2023 YLRN 67 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 67 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
SABZ ALI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 161; 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

SABZ ALI VS State S. 497---Penal Code (XLV of 1860), Ss. 302(b), 324, 429, 114, 148 & 149---Qatl-i-am, attempt to commit qatl-i-amd, mischief by killing or maiming cattle of any value or any animal of the value of fifty rupees, abetment, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Prosecution case was that the accused party made firing upon the complainant party, due to which three brothers of complainant and cows were hit, resultantly, one of the brothers died while others sustained injuries---Perusal of FIR revealed that there was direct allegation against the accused/ applicant of making fire upon the injured person, which was supported by the medical evidence---Firing hit three cows who also received firearm injuries---Daytime incident and the parties knew each other prior to the occurrence and there was no question of mistaken identity---No contradiction on the ocular evidence and medical evidence in respect of the injury sustained by the injured from the hands of the accused was found and there was also no reason for false implication---Allegedly, there was delay of seven days in lodging the FIR, however, at the first instance complainant party was busy in saving the lives of injured persons---After the incident, complainant party immediately approached the police, got letter for the treatment of the injured persons, therefore, in those circumstances the delay, if any, was not fatal to the prosecution case at the bail stage---Accused remained fugitive from law for about three years---All the eye-witnesses including the injured witnesses supported the case in their statements under S.161, Cr.P.C.---Sufficient material was available with the prosecution against the accused, which, prima facie connected him with the commission of offence, which fell within the prohibitory clause of S. 497, Cr.P.C.---Bail application was dismissed accordingly.

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