Habibullah Chandio vs State Ss — 2025 MLD 872 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 872 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Habibullah Chandio vs State Ss
Subject matter: Criminal
Provisions referred to: 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

Habibullah Chandio VS State Ss. 498, 174 & 176---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention---Interim-pre-arrest bail, recalling of---During police custody, complainant's son was allegedly tortured by the applicant (police official) along with co-accused/police officials, resulting in his police custodial death---Deceased's dead body was recovered from the hospital with multiple injuries---Instead of following the procedure in Ss. 174 and 176, Cr.P.C., applicant along with co-accused left the deceased's dead body at the hospital and fled away---Prosecution witnesses supported the complainant's version---No ill will or mala fide had been pointed out by the applicant for false implication---Grant of pre-arrest bail is an extraordinary remedy in criminal jurisdiction---It is a diversion from the usual course of law i.e., arrest in cognizable cases; a protection to the innocent being hounded on trumped up charges through abuse of process of law---Thus, an applicant seeking judicial protection is required to reasonably demonstrate that intended arrest is calculated to humiliate him with taints of mala fide---It is not a substitute for post arrest bail in every run of the mill criminal case as it seriously hampers the course of investigation---Sufficient material was available on record to connect the applicant with the commission of the offence---Interim pre-arrest bail granted to the applicant was recalled, in circumstances.

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