Citation Name: 2025 YLR 724 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Bux vs Shah Nawaz S

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Citation Name: 2025 YLR 724 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Bux VS Shah Nawaz S.497(5)---Penal Code (XLV of 1860), Ss. 324, 403, 506(ii), 337-A(i), 337-F(i), 147, 148 & 149---Attempt to commit qatl-i-amd, criminal misconduct, criminal intimidation, shajjah-i-khafifah, ghayr-jaifah-damiyah, rioting, rioting armed with deadly weapon, unlawful assembly---Application for cancellation of bail, dismissal of---Accused was charged for murderous assault upon the complainant party---Grounds for cancellation of bail were distinct from the those for granting bail---Bail was typically granted to ensure an accused's presence in Court during trial and its cancellation could occur under specific circumstances---Common grounds for cancellation of bail were misuse of liberty; accused might be engaged in criminal activities while on bail; undermining the purpose of the temporary release; and tampering with evidence or witnesses---Cancellation of bail is a serious matter and it should only be done in exceptional circumstances---Prosecution must provide strong and substantive evidence to justify the cancellation of bail and the Court must exercise due care and circumspection in making such a decision---In the present case, the Trial Court opined that the ocular account mentioned in FIR was not consistent with the medical evidence as per the content of FIR, lathi blows were caused to the injured but as per the Provisional Medico Legal Certificate, the kind of weapon used was sharp and cutting, therefore, the matter required further inquiry---Further, the offences, under Ss. 324, 337-A(ii) & 506(ii), P.P.C. did not fall within the ambit of the prohibitory clause of S. 497, Cr.P.C---No reasonable ground existed for the cancellation of bail granted to the respondents at this stage---Petitions for the cancellation of bail were dismissed, in circumstances.

Citation Name: 2025 YLR 724 KARACHI-HIGH-COURT-SINDHBookmark this Case Muhammad Bux vs Shah Nawaz S — 2025 YLR 724 KARACHI-HIGH-COURT-SINDH

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