MUKHTIAR HUSSAIN alias MUKHTIAR AHMED vs State S — 2024 YLR 1404 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 YLR 1404 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: YLR
Parties: MUKHTIAR HUSSAIN alias MUKHTIAR AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 498-; 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

MUKHTIAR HUSSAIN alias MUKHTIAR AHMED VS State S. 498-a---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Qatl-i-amd, rioting, rioting armed with deadly weapon, unlawful assembly---Pre-arrest bail, refusal of---Indiscriminate firing---Contention of the petitioner/accused was that he was let off by the police in investigation---Validity---Petitioner was named in the FIR with the allegation that he, along with the rest of the co-accused persons, after having formed an unlawful assembly and in prosecution of its common object, went over to the complainant party and committed murder of the deceased by fire shot injuries---Deceased, was found to have sustained fifteen (15) fire shot injuries---It was a case of indiscriminate firing, therefore, it would be hard to specify as to which injury was caused to the deceased by the petitioner---Delay of few hours in lodgment of the FIR in a case like the present one was natural and the same, even otherwise, could not be resolved by the Court at bail stage---No doubt, the petitioner in investigation was let off by the Police by disbelieving the version of the complainant and his witnesses, but it was unjustified act on the part of the Police---Even otherwise, the opinion of the police has got no binding effect upon the Court---It would be premature to say that the petitioner being innocent had been involved in the present case falsely by the complainant Party---There appeared reasonable grounds to believe that the petitioner was guilty of the offence with which he was charged and no case for grant of pre-arrest bail to him on point of further inquiry or mala fide was made out---Bail was declined to the petitioner, in circumstances.

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