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Citation Name: 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDHBookmark this Case Ayazullah vs State S — 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 517 KARACHI-HIGH-COURT-SINDHBookmark this Case Ayazullah vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 397; 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 PCrLJ 517 KARACHI-HIGH-COURT-SINDHBookmark this Case Ayazullah VS State S. 497---Penal Code (XLV of 1860), Ss. 397, 398, 411 & 34---Robbery or dacoity with attempt to cause death or grievous hurt, attempt to commit robbery or dacoity when armed with deadly weapons, dishonestly receiving stolen property and common intention---Post-arrest bail, grant of---Prosecution had only bothered to invoke S.397, P.P.C. without corresponding offence, which attracted minimum sentence---Name of the petitioner had not been mentioned in the FIR---Prima facie there lacked material that the recovery of the Suzuki vehicle was made from the petitioner as the complainant had narrated a different story by not disclosing the number plate of Suzuki as to how the lnvestigating Officer came to know that this was the same Suzuki which was used in the alleged crime---Petitioner was not arrested on the spot but somewhere else after a couple of days and after his arrest no identification parade was conducted through the complainant to the effect that petitioner was the main accused who was along with the other accused who were killed on the day of the alleged incident---Mere pendency of criminal case against an accused did not ipso facto disentitle him for grant of bail---Petitioner was not a previous convict nor a hardened criminal as no record had been produced to that effect---Petitioner had been in continuous custody since his arrest and was no longer required for any investigation that could justify keeping him behind the bars for an indefinite period pending determination of his guilt---Where a case falls within the non-prohibitory clause the concession of the grant of bail must favorably be considered and should only be declined in exceptional cases---Bail application was allowed and petitioner was admitted to post arrest bail, in circumstances.

Other judgments reported in 2025 PCRLJ

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