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Sheikh SHER MUHAMMAD vs State S — 2023 YLRN 75 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 75 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
Sheikh SHER MUHAMMAD vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 7---S; S. 23; S. 161; S. 497; Penal Code (XLV of 1860); Explosive Substances Act (VI of 1908); Anti-Terrorism Act (XXVII of 1997); Sindh Arms Act (V of 2013)

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

Sheikh SHER MUHAMMAD VS State S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), S. 7---Sindh Arms Act (V of 2013), S. 23(1)(a)--- Qatl-i-amd, common intention, keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism, possessing unlicensed weapon---Bail, refusal of---Allegation against accused was that he and co-accused kidnapped and murdered the two police personnel---Record showed that the FIR of the said incident was lodged promptly by complainant---Name of present accused did not appear in the FIR of main case, that fact itself showed that the complainant had no enmity with the accused---If complainant had any enmity with the accused then he would have named the accused in the FIR---No enmity had been alleged by the accused against the complainant---Names of the deceased were mentioned in the FIR---Dead-bodies were recovered and identified by witness, who was also a witness of the case, his evidence was yet to be recorded before Trial Court---Investigating Officer recorded the statements of witnesses, who during their statement recorded under S.161, Cr.P.C., had supported the prosecution case---No enmity had also been alleged against them---Non-mentioning the name of the accused in FIR in such like cases was immaterial as it could not be expected that at the time of incident, the accused disclosed his name or his identity---Case files revealed that present accused was arrested on 23.9.2015 in the main case and during interrogation he had admitted his guilt and on 04.10.2015, he led the police party to a graveyard, from where on his pointation, one. 9-mm pistol along with ten live rounds belonging to one deceased recovered in presence of witnesses---Again on 13.10.2015, one hand grenade also recovered on the pointation of accused in presence of mashirs---Criminal record of the accused showed that he was previously involved in three cases---Act of accused appeared to come within the definition of "terrorism" punishable with death or imprisonment for life and also within the ambit of Fourth Proviso of S.497(1), Cr.P.C.---Sufficient evidence was available against the accused to connect him in the crimes, therefore, he did not deserve for grant of bail---Bail applications were dismissed accordingly.

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