Citation Name: 2025 MLD 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case Kashif alias Tomi vs State S

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2025 MLD 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case Kashif alias Tomi VS State S. 497---Penal Code (XLV of 1860), Ss. 302(b), 324 & 337-H(2)---Qatl-i-amd, attempt to commit qatl-i-amd, rash and negligent act---Bail, dismissal of---Allegations against the accused-applicant were that he along with his co-accused committed murder of the father of complainant and also caused firearm injuries to the friend of deceased---Record revealed that the applicant had been specifically nominated in the FIR with a defined and active role in the commission of the offence---Complainant and eye-witnesses had consistently alleged that the applicant, along with co-accused, being armed with a firearm, launched a deliberate and premeditated assault on the deceased, resulting in his death and caused firearm injuries to his friend---Statements recorded under S.161, Cr.P.C., were in line with the version advanced in the FIR and stood corroborated by the medical evidence---Post-mortem report confirmed that the deceased sustained multiple firearm injuries, which were sufficient to cause death in the ordinary course of nature---Similarly, the Medico-Legal Certificate of the injured witness supported the allegation of gunshot wounds---Ocular and medical evidence were consistent and mutually reinforcing, leaving no apparent contradiction---As for the delay of approximately 16 hours in lodging the FIR, the explanation offered that the complainant and his family were initially occupied with the funeral rites of the deceased was both plausible and in consonance with normal human behaviour under such distressing circumstances---Undoubtedly, the offence with which the applicant was charged fell under Ss.302 and 324, P.P.C, which was punishable with death or imprisonment for life, however, when an offence falls within the prohibitory clause of S.497, Cr.P.C., bail could not be granted as a rule but only as an exception under extraordinary circumstances---However, no such exceptional circumstances had been demonstrated by the applicant to justify the grant of bail---In the instant case, the existence of motive was another strong factor against the applicant as the dispute occurred over the ownership record (Khata) of agricultural land, which created antagonism between the accused and the complainant's father and ultimately that dispute resulted to the tragic incident---When a clear motive was present and linked to the commission of the offence, it served as an additional incriminating factor, which reduced the chances of false implication---Specific allegation and the settled position of law regarding shared criminal intention and direct action, the applicant could not absolve himself merely on the plea of indeterminate bullet trajectory---Accordingly, the applicant had failed to make out a case for the concession of bail---Bail application was dismissed, in circumstances.

Citation Name: 2025 MLD 1702 KARACHI-HIGH-COURT-SINDHBookmark this Case Kashif alias Tomi vs State S — 2025 MLD 1702 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 MLD