Mukhtiar vs State S — 2024 PCrLJ 2001 KARACHI-HIGH-COURT-SINDH

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Mukhtiar VS State S. 497---Penal Code (XLV of 1860), Ss. 302(b), 311, 201 & 34---Qatl-i-amd, common intention---Bail, refusal of---Accused/petitioner was charged that on his connivance, co-accused committed murder of his wife by strangulation---Accused alleged that the deceased committed suicide by consuming a pesticide---Record showed that a woman and her alleged lover both had been murdered and none from either side was willing to register a case or cooperate with the police---Medical reports issued in the case very clearly showed that the death of the woman was not due to drinking pesticide but perhaps an unnatural death---Ligature mark was obvious on her neck and she also had a lacerated wound on her head---Post-mortem report concluded with the opinion that the woman died due to cardio-respiratory failure due to hanging---It would be seen at trial after evidence had been led to whether death occurred due to hanging or strangulation---At the moment, one thing was clear; the woman did not die due to consuming pesticide, as her family members had initially told the police---All the accused were related to the deceased woman or her husband and lived in the same house or in close proximity---All the family members, including the applicant, remained silent and then pleading ignorance about the circumstances of victim's death, was simply not possible, which casted doubt on their credibility and motives lent credence to the prosecution case---Evidence in the case was weak if one treates a case of honour killing on the same pedestal as other crimes---Perhaps, the applicant would have made out a case for a grant of bail in a crime of a different nature however, cases of honour killings are a category which requires to be adjudicated with a different yardstick---Circumstantial evidence against the applicant was available, albeit weak, yet sufficient to deny bail to him---Bail application was dismissed, in circumstances.

Mukhtiar vs State S — 2024 PCrLJ 2001 KARACHI-HIGH-COURT-SINDH

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