Nishan Ali vs State Ss — 2025 YLR 2812 KARACHI-HIGH-COURT-SINDH

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Nishan Ali VS State Ss. 498-a & 497(2)---Penal Code (XLV of 1860), Ss. 324, 365, 452, 511, 337-F(iii), 147 & 148---attempt to commit qatl-i-amd, kidnapping or abduction with the intent to secretly and wrongfully confine a person, house-trespass after preparation for hurt, assault, or wrongful restraint, attempting to commit an offence that is punishable with imprisonment for life or a shorter term, ghayr-jaifah-hashimah, rioting, rioting armed with deadly weapon---Pre-arrest bail, confirmation of---Further inquiry---applicant allegedly caused fire arm injury to brother of complainant whereas co-accused persons had caught hold of the injured---admittedly, the incident, as was evident from the FIR, had occurred on 22.02.2024 whereas report thereof was lodged on 05.09.2024 i.e. with a delay of more than six months for which no plausible explanation had been furnished by the prosecution for such an inordinate delay---Delay in criminal cases is to be fatal for the prosecution---applicant allegedly fired upon injured which landed on his right leg and seat of injury was non-vital part of his body---Injury allegedly sustained by injured had not been declared by the Medico-Legal Officer to be detrimental to his life---In such circumstances the injury was still to be adjudicated upon by the Trial Court after recording evidence of the parties---as far as application of S.365 read with S.511, P.P.C., was concerned, it was not specified against any of the accused and since co-accused being participants of crime had already been extended grace of pre-arrest bail by the Court below, therefore, the case of applicant could not be deviated from those who had already been bailed out---Hence, propriety of law demanded the applicant should also be extended same treatment---Since, it was pre-arrest bail application and parties, as was evident from the pleadings, were already on strained relations due to longstanding murderous enmity which had not been denied therefore, mala fide on the part of prosecution could not be ruled out---Hence, basic ingredients for grant of pre-arrest bail were fully attracted in the case, thus case against applicant required further inquiry within meaning of subsection (2) to S.497, Cr.P.C.---Bail application was allowed and the ad-interim pre-arrest bail already granted to the applicant was confirmed, in circumstances.

Nishan Ali vs State Ss — 2025 YLR 2812 KARACHI-HIGH-COURT-SINDH

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