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Citation Name: 2025 MLD 1196 KARACHI-HIGH-COURT-SINDHBookmark this Case Noman Khan vs State Ss — 2025 MLD 1196 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 MLD 1196 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
MLD
Parties
Citation Name: 2025 MLD 1196 KARACHI-HIGH-COURT-SINDHBookmark this Case Noman Khan vs State Ss
Subject matter
Criminal
Provisions referred to
S. 324; S. 302; 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

Citation Name: 2025 MLD 1196 KARACHI-HIGH-COURT-SINDHBookmark this Case Noman Khan VS State Ss. 498 & 497(2)---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Pre-arrest bail, confirmation of---Further inquiry---Allegations against the accused-petitioners were that they caused injures to the complainant by firing---Complainant allegedly sustained an injury to a non-vital part of the body---Additionally, the FIR did not specifically identify any of the applicants/accused as the individual responsible for firing the bullets that caused the injury---Lack of clear attribution casted doubt on the direct involvement of the applicants/accused in the shooting incident---Furthermore, there was no allegation that the applicants/accused continued to fire shots, even though they had ample opportunity to do so---Absence of repeated gunfire may have indicated a lack of intent to commit murder---Given these factors, the essential elements required to establish an offence under S.324, P.P.C appeared to be prima facie absent---First Information Report itself mentioned on-going clash between the parties, particularly referencing FIR lodged under S.302, P.P.C---Said fact suggested that the current incident might be part of a broader conflict, which required further inquiry, thus case fell within the ambit of S.497(2), Cr.P.C, which allows the grant of bail if further inquiry is needed---Pre-arrest bail granted to the applicants earlier was confirmed, in circumstances.

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