Bibi Siddiqa vs State S — 2025 YLR 694 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 694 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Bibi Siddiqa vs State S
Subject matter: Criminal
Provisions referred to: S. 497; 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

Bibi Siddiqa VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 365, 395 & 34---Qatl-i-amd, abduction for ransom, dacoity, common intention---Bail, grant of---Further inquiry---Allegation against the applicant was that he committed murder of the brother of complainant and took away an amount of Rs. ten lac, mobile phone and CNIC of deceased---Record showed that there was no eye-witness of the occurrence---Dead body was recovered by the police and after recovery of the dead body, the co-accused was arrested, and made disclosure before the police---Subsequently, the accused/applicant was also arrested, and also made disclosure before the police---Such evidence i.e. disclosure of the accused/applicant before the police was a weak type of evidence---So far as Call Data Record (CDR) was concerned it was taken by the police and no detail was given in the challan whether there was any connection of the deceased with the co-accused/applicant---Even otherwise, in the absence of any concrete material, the Call Data Record was not a conclusive piece of evidence to ascertain the guilt or otherwise of the accused---Above-alleged piece of evidence was the sole evidence, and the question whether such sole evidence could result in the conviction of the applicant/accused to the extent of awarding a death sentence or not, was still to be seen by the Trial Court---Thus, the case of the accused/ applicant fell within the ambit of further enquiry---Bail application was allowed, in circumstances.

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