Sikandar Ali vs State Ss — 2025 YLR 1959 KARACHI-HIGH-COURT-SINDH

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Sikandar Ali VS State Ss. 497(5) & 498---Penal Code (XLV of 1860), Ss. 324, 452, 337-A(i), 337-F(i), 504, 506, 114, 147 & 149---Attempt to commit qatl-i-amd, house-trespass after preparation for hurt, shajjah-i-khafifah, ghayr-jaifah-damiyah, intentional insult with intent to provoke breach of peace, criminal intimidation, abettor present at the time of occurrence, rioting, unlawful assembly---Interim pre-arrest bail, recalling of---Post-arrest bail, cancellation of---Allegation against the accused-applicants were that they while armed with hatchet, lathis and iron rods disallowed the police party and complainant party to enter in the house to recover the alleged detainee and caused injuries to the complainant party---In the instant matter, four accused/applicants sought pre-arrest bail, whereas complainant sought cancellation of bail granted to four other accused/respondents---Perusal of record, reflected that the names of all the applicants/accused were appearing in the FIR with specific role that on the day of incident all of them with common intention duly armed with hatchet, lathis and iron rods respectively, did not allow the police party to enter inside the house and the every accused had given hatchet, lathis and iron rods blows to the injured persons---Furthermore, the Investigating Officer of the case also confirmed that when the complainant party in pursuance of Court's order tried to recover the alleged detainee, the daughter of complainant, the accused party did not allow the same and attacked upon the complainant party who received multiple injuries, as such, instant FIR was registered---Admittedly, all the accused had been nominated in the FIR with specific role that they had caused injuries to the complainant party---Ocular evidence found support from the medical evidence---All the prosecution witnesses had supported the version of complainant---Complainant party received injuries on the different parts of their bodies---Applicants had failed to make out the case for further inquiry as envisaged in subsection (2) of S.497 Cr.P.C. in circumstances---Consequently, bail applications were dismissed and resultantly, interim pre-arrest bail granted earlier to some of the accused persons was recalled---Furthermore criminal Miscellaneous Application was allowed and post-arrest bail granted to some of the respondents/accused was cancelled.

Sikandar Ali vs State Ss — 2025 YLR 1959 KARACHI-HIGH-COURT-SINDH

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