Ghulam Sarwar vs State S — 2025 YLR 83 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 YLR 83 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: YLR
Parties: Ghulam Sarwar 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

Ghulam Sarwar VS State S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 109 & 34---Qatl-i-amd, abetment, common intention---Application for cancellation of bail, dismissed of---Accused was charged for committing murder of the brother of complainant---Trial Court had granted bail to accused, while considering the fact that the deceased received several fire shots due to firing of accused and co-accused, however, it was not known as to who caused the fatal injury to the deceased and that admittedly the deceased was not fired at on his vital parts, making the case of accused one of further inquiry---Trial Court besides the above, while keeping in view the enmity and registration of several FIRs against each other, also held that false implication in such circumstances could not be ruled out, more particularly, in view of the plea of alibi, which was supported by the evidence produced by the accused so mentioned in the bail granting order---Other reason of bail was that since vide order dated 29.08.2023 nominated two accused persons were granted bail, thus on the basis of rule of consistency, accused was also entitled for bail---Bail granting order neither suffered from any factual error nor the grounds for cancellation of bail were available, warranting cancellation of bail---Application for cancellation of bail being devoid of merits was dismissed, in circumstances.

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