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Attaullah vs State S — 2024 PCrLJ 940 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 940 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Attaullah vs State S
Subject matter
Criminal
Provisions referred to
S. 498---P; S. 324; 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

Attaullah VS State S. 498---Penal Code (XLV of 1860), Ss. 324, 337-F(v), 337-H, 447, 109, 147 & 148---Attempt to commit qatl-i-amd---Pre-arrest bail, refusal of---Injury on non-vital part of body---"Intention or knowledge" to commit qatl-i-amd---Ocular evidence corroborated by medical evidence---Absconsion of accused---Accused sought pre-arrest bail with the contention that the injured had received firearm injury on non-vital part of his body and fire shot was not repeated---Prima facie, case of accused fell within the mischief of S. 324, P.P.C. hit by statutory prohibition, in view whereof, accused could not be released on bail in the absence of any consideration within the purview of sub-section (2) of S. 497, Cr.P.C---Murderous assault as defined in S. 324, P.P.C, did not draw any anatomical distinction between vital and non-vital parts of human body---Once the trigger was pressed and the victim was effectively targeted, "intention or knowledge" as contemplated by S. 324, P.P.C, was manifested; the course of a bullet was not controlled or steered by assailant's choice nor could he claim any premium for a poor marksmanship---Ocular evidence was corroborated by the medical evidence---After commission of the offence, the accused had absconded away during investigation---Deeper appreciation of evidence/material was not permissible at bail stage, as at such stage only tentative assessment of material was to be made---Accused was not entitled for grant of pre-arrest bail---Bail application was dismissed, in circumstances.

Other judgments reported in 2024 PCRLJ

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