Wahid Khan vs State S — 2025 MLD 938 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 MLD 938 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: MLD
Parties: Wahid Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 498---P; S. 324; S. 337-F; 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

Wahid Khan VS State S.498---Penal Code (XLV of 1860), Ss.324 & 34, 337-F(vi)---Attempt to commit qatl-i-amd, common intention, munaqqilah---Pre-arrest bail, grant of---Further inquiry---Applicant No.1 allegedly caused firearm injury to the injured, resulting in a through-and-through wound on the left leg---Existence of matrimonial dispute between the parties was admitted---Injury on non-vital part had not been declared by the Medical Legal Officer (MLO) to be fatal for the life of injured---There was no repetition of fire shot---If contents of the FIR were presumed to be true, even then presumption would be that he had no intention to commit qatl-i-amd of the injured witness---Presence of co-accused was alleged without any role or overt act---Applicability of S.324, P.P.C was yet to be established by the prosecution after recording of evidence---Injury sustained by the injured party was punishable under S.337-F(vi), P.P.C, with a maximum punishment of seven years, thus, the case of the applicant did not fall within the prohibitory clause of S.497, Cr.P.C.---Basic ingredients for granting pre-arrest bail were present in the case due to the non-fatal nature of the injury, lack of intention to commit murder, and potential mala fide on the part of the prosecution---Case against the applicants was found to be one of further inquiry----Pre-arrest bail application was allowed, in circumstances.

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