Citation Name: 2025 YLR 661 KARACHI-HIGH-COURT-SINDHBookmark this Case Ismail vs State S — 2025 YLR 661 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 YLR 661 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: YLR
Parties: Citation Name: 2025 YLR 661 KARACHI-HIGH-COURT-SINDHBookmark this Case Ismail vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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 YLR 661 KARACHI-HIGH-COURT-SINDHBookmark this Case Ismail VS State S.497(2)---Penal Code (XLV of 1860), Ss. 397 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Robbery or dacoity with attempt to cause death or grievous hurt---Post arrest bail, grant of---Further inquiry---Name of the applicant neither transpired in the FIR nor any description of the accused was given by the complainant---Mere recovery of a cellphone (robbed article) was not sufficient to exempt the prosecution from holding identification parade of the accused---Where names of the culprits are not mentioned in the FIR then holding of identification test becomes necessary as a check against false implication and it is a good piece of evidence against the real culprits---Holding of identification parade cannot be dispensed with, simply because a person accused of committing robbery, has been subsequently found in possession of the robbed property---Complainant party did not sustain any grievous injury or hurt during the robbery and the accused did not use a deadly weapon---There was no evidence of an offensive weapon being recovered from the accused,so the applicability of S.397, P.P.C. was yet to be established by the prosecution---Case was un-witnessed and the Trial Court would have to determine the applicability of S.397, P.P.C after hearing evidence from the prosecution's witnesses, thus, the case of applicant did not fall within ambit of prohibitory caluse of S.497, Cr.P.C---Post arrest bail application was allowed, in circumstances.

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