Citation Name: 2024 YLR 2084 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Murtaza vs State S

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Citation Name: 2024 YLR 2084 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Murtaza VS State S. 497(2)---Penal Code (XLV of 1860), S. 324---Attempt to commit qatl-i-amd---Post-arrest bail, grant of---Further inquiry---Tentative assessment---Pre-arrest previously granted to the accused was recalled/cancelled---Plea of the complainant was that the petitioner/accused was not entitled for post-arrest bail as earlier pre-arrest bail granted to him was recalled/cancelled by the Court and no new ground existed for grant of post arrest bail---Validity---Record revealed that the pre-arrest bail earlier granted to the petitioner/accused by the Trial Court was recalled by the High Court considering the request of the State Counsel that the investigation had not been completed and the petitioner was required for the purpose of investigation---In such view of the matter, while distinguishing the grounds of pre-arrest bail and post-arrest bail, pre-arrest bail granted to the applicant was recalled in view of the case titled Muhammad Ismail v. The State reported as 2022 SCMR 707---Petitioner was arrested and interrogated and now for approximately more than one month he was behind the bars---Trial, had yet not commenced, rather the same (trial) might be protracted as the injured/complainant was still under treatment---Incarceration of the petitioner would not serve any purpose---Prima facie, allegedly one shot was fired at complainant that too at non-vital part---Tentative assessment of the material available on record transpired that ingredient, necessary for murderous attempt on the part of the petitioner, required further probe---Though pointing out the pistol and pressing the trigger manifests the intention but under what circumstances that act was committed would require careful analysis by the Trial Court, and it had to consider whether, it was an intentional act or just spur of the moment sudden reaction to any abusive and derogatory language---Bail was granted, in circumstances.

Citation Name: 2024 YLR 2084 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Murtaza vs State S — 2024 YLR 2084 QUETTA-HIGH-COURT-BALOCHISTAN

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