FAYYAZ ALI vs State Ss — 2024 YLR 1562 KARACHI-HIGH-COURT-SINDH

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FAYYAZ ALI VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 365, 395, 324, 337-A(1), 147, 148 & 149---Abduction for ransom, dacoity, shajjah-i-khafifah, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, grant of---Further inquiry---Improvement by complainant party---Co-accused declared innocent---Effect---Admittedly, the FIR had been lodged with an unexplained delay of twenty days and no iota of evidence was available against the petitioners---Petitioners and the complainant were residing in the same locality---Record showed that in the FIR the complainant had named yet another person as accused (other than the petitioners) who later on was let off by the Investigation Officer as during investigation some muhallah people had stated that he (another accused) was not present at the time of incident which fact was also confirmed by the complainant---If said another accused was present, question was as to why the complainant later on sated that that he was not present, which created doubt in the prosecution story and required further inquiry---Guilt or innocence of the petitioners was yet to be established as it would depend on the strength and quality of the evidence that would be produced by the prosecution and the defense before the Trial Court---No complaint of misuse of concession of bail or tampering of record had been pointed out while the petitioners were regularly appearing in the High Court and 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 and circumstances appearing in the case were 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.

FAYYAZ ALI vs State Ss — 2024 YLR 1562 KARACHI-HIGH-COURT-SINDH

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