Roshan vs State S — 2025 YLR 2648 KARACHI-HIGH-COURT-SINDH

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Roshan VS State S. 498---Penal Code (XLV of 1860), Ss.302, 324, 147, 148, 149 & 337-H(2)---Qatl-i-amd, attempt to qatl-i-amd, unlawful assembly, hurt---Pre-arrest bail, refusal of---Sufficient incriminating material, availability of---Mala fide, absence of---Allegation against the applicant was that he along with co-accused, armed with hatchet, came at the scene of offence and caused a sharp side hatchet blow to deceased on his neck---Contention of the applicant wasthat mother of deceased recorded her statement under S.161, Cr.P.C, wherein she exonerated the applicant from the commission of the alleged offence---Validity---Though there was delay of five (05) hours in lodging of FIR, but the complainant had well explained the delay in his FIR on the ground that she shifted the deceased and injured to hospital for treatment and after getting postmortem, she lodged the FIR of the alleged incident---Applicant was nominated in the FIR with specific role of causing sharp side hatchet injury on the neck of deceased---Per postmortem report, injury No.2, which was attributed to the applicant, was sufficient for cause of death---During investigation, prosecution witnesses had supported the case of complainant in their statements under S.161, Cr.P.C.---Record did not show that name of applicant was placed in column No. II in the interim challan nor in the final challan---Even otherwise, opinion of the police officer was not binding on the Courts---Sufficient material was available on the record, which connected the applicant to the alleged offence, which carried capital punishment---Mother of deceased was not eye-witness of the case, and she had even exonerated the applicant---Concession of pre-arrest bail cannot be allowed to an accused person unless the Court feels satisfied about seriousness of the accused person's assertion regarding his intended arrest being actuated by mala fide on the part of the complainant party or the local police---No case of extra ordinary relief was made out---Ad-interim pre-arrest bail earlier granted to the applicant was recalled---Pre-arrest bail was declined to accused, in circumstances.

Roshan vs State S — 2025 YLR 2648 KARACHI-HIGH-COURT-SINDH

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