Behram Jakhro vs State Ss — 2024 MLD 1359 KARACHI-HIGH-COURT-SINDH

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Behram Jakhro VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860) , Ss. 365-B , 364, 344, 147, 148 & 149---Kidnapping, abducting or inducing woman to compel for marriage, rioting armed with deadly weapon ,unlawful assembly---Pre-arrest bail, grant of---Further inquiry---Contradictory allegations by the prosecution---Improvements in statements of the abductee---Effect---First Information Report was lodged against the petitioners (twelve in number) and another accused---Admittedly , the FIR had been lodged with an unexplained delay of twenty four hours and no iota of evidence was available against the petitioners---No medical report of abductee was available---Record showed that, in relation to the alleged abduction , an application under S.491 of the Criminal Procedure Code, 1898, was filed with the delay of ten days---Said application showed one person as the main accused who was different than the person mentioned as main accused in the (present) FIR---Not only was there difference of number of accused persons in both the application and FIR but alleged abductee , in her statement, deposed different number of accused persons also---In said statement of abductee , she deposed contradictory date of occurrence---In the Police report, submitted in proceedings of application under S.491, Cr.P.C , the very occurrence was denied---All said circumstances ,more particularly improvements in statements created doubt in the prosecution story and required further inquiry---Guilt or innocence of the petitioners was yet to be established as it depended on the strength and quality of the evidence that would be produced by the prosecution and the defence before the Trial Court---No complaint of misuse of concession of (ad-interim) bail or tampering the record had been pointed out , and the petitioners were regularly appearing before both the High Court and the Trial Court---Petitioners , admittedly, had not violated any of the well-settled conditions on the basis of which their bail could be cancelled---At bail stage , deeper appreciation of evidence / circumstances of the case was not permitted and only tentative assessment was to be made, however, where accused had satisfied the Court that there were reasonable grounds to believe that he was not guilty of such offence, then the Court must release him on bail---Bail was allowed to the petitioners /accused persons, in circumstances.

Behram Jakhro vs State Ss — 2024 MLD 1359 KARACHI-HIGH-COURT-SINDH

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