Anwar Ali vs State S — 2024 MLD 1848 KARACHI-HIGH-COURT-SINDH

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Anwar Ali VS State S. 498---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention---Ad-interim pre-arrest bail, recalling of---Accused were charged that they in furtherance of common intention, committed murder of the nephew of the complainant---Record revealed that both the applicants were nominated in the FIR. with the specific role of causing injuries with a cleaver and hatchet on the back of the head of deceased---Prosecution witnesses in their statements recorded under Section 161, Cr.P.C., had supported the version of the complainant---Parties were known to each other, therefore, identification of the culprits by the complainant party in the light of a torch could not be doubted at present stage where only tentative assessment of the material was to be made--Prima facie, the factum and place of injuries disclosed by the complainant and witnesses were supported by medical evidence---Number or kind of weapon used for causing such injuries could only be decided at the trial stage---Record showed that prima facie the delay in reporting the matter had been explained by the complainant in that they first took the injured to the hospital where they were busy in his treatment---Complainant party was firstly supposed to save life of injured and not rush for registration of FIR---As far as grant of bail to co-accused was concerned, he was not named in the FIR but was only shown as an unknown culprit who had a pistol in his hand; however, he did not use the same at the time of the incident nor caused any injury to the deceased---Present applicants prima facie caused fatal blows to the deceased; therefore, their case was distinguishable from that of co-accused---Anticipatory bail under Section 498, Cr.P.C., being extraordinary relief, is granted on extraordinary grounds---Pre-arrest bail should not be allowed in routine matters---Applicants, had been nominated in the FIR with a specific and clear role in the commission of the crime and the crime weapon was yet to be recovered---At the stage of bail and before recording evidence in the Trial Court, only tentative assessments are to be made for the purpose of deciding bail applications and it is not permissible to go into the details of evidence one way or the other because that may prejudice the case of one party or the other---Prima facie sufficient evidence was available against the applicants to connect them with the commission of alleged offence, carrying punishment for death or imprisonment for life---Pre-requisites for such concession, i.e. malice and ulterior motive, either on the part of the complainant or the police, were conspicuously missing in the case---Accordingly, both the bail applications were dismissed and the orders for granting ad-interim pre-arrest bail orders were recalled, in circumstances.

Anwar Ali vs State S — 2024 MLD 1848 KARACHI-HIGH-COURT-SINDH

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