Citation Name: 2025 YLR 1061 KARACHI-HIGH-COURT-SINDHBookmark this Case SIRAJ 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 YLR 1061 KARACHI-HIGH-COURT-SINDHBookmark this Case SIRAJ VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 393, 394 & 34---Qatl-i-amd, attempt to commit robbery, robbery, common intention---Bail, grant of---Further inquiry---Accused-Petitioner was charged that he along with his co-accused committed robbery from the complainant party---From the perusal of the FIR, it appeared that it had been lodged against one nominated and unknown accused persons who attempted to commit robbery using a weapon, however, there was no description of the applicant in the FIR---Record did not show that any implicating material evidence had been recovered from the applicant/accused---Record transpired that the name of the applicant/ accused had been included in the case upon the statement of co-accused recorded under S. 161, Cr.P.C.---Statements of co-accused recorded by police during the investigation were inadmissible in evidence and could not be relied upon---Evidence of an accomplice is ordinarily regarded suspicious, therefore, the extent and level of corroboration has to be assessed keeping in view the peculiar facts and surrounding circumstances of the case---In the present case, no identification parade had been held in so far as the applicant/accused was concerned even though the complainant mentioned in the FIR that he had seen the unknown assailants---In such cases, holding of identification parade becomes mandatory---Record did not show that the applicant/accused was a previous convict or hardened criminal---Applicant had been in continuous custody since his arrest and was no more required for any investigation nor the prosecution had claimed any exceptional circumstances, which could justify keeping him behind bars for an indefinite period pending determination of his guilt---Applicant/accused had succeeded to bring his case within the purview of further inquiry---Bail petition was allowed, in circumstances.

Citation Name: 2025 YLR 1061 KARACHI-HIGH-COURT-SINDHBookmark this Case SIRAJ vs State S — 2025 YLR 1061 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2025 YLR