Aijaz alias Aijaz Ali Jafferi vs State S — 2026 MLD 713 KARACHI-HIGH-COURT-SINDH

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Aijaz alias Aijaz Ali Jafferi VS State S.497(2)---Penal Code (XLV of 1860), Ss. 324, 114, 337-H(2), 148 & 149---Attempt to commit qatl-i-amd, unlawful assembly---Post-arrest bail, grant of---Inquiry on non-vital part of the body---Previous enmity---Admittedly, there has been long standing landed dispute between the parties and both the eye-witnesses of the occurrence happened to the real brother and uncle of the complainant, therefore, false implication of petitioner in the background of previous enmity cannot be ruled out---First Information Report was lodged with delay of one day for which no plausible explanation has been furnished by the prosecution---Role attributed to the petitioner/accused is that he allegedly fired from his gun upon injured/prosecution witness which hit him on his thigh, which is a non-vital part of the body---The injured being empty handed was consequently at the mercy of the petitioner/accused, even then he did not repeat fire upon him which showed that the petitioner/accused had no intention to commit his qatl-i-amd, therefore, application of S.324, P.P.C could only be established after recording evidence at the trial---The injury attributed to the petitioner/accused falls under S.337-H(2), P.P.C, which does not fall within prohibitory clause of S.497, Cr.P.C---In such circumstances, the accusation against the petitioner/accused is yet to be determined by the Trial Court after recording pro and contra facts through evidence---Moreover, the petitioner/accused being Pesh Imam in the locality has good repute and respect in the eyes of public and there is no other criminal record against the petitioner/ accused---Every accused is presumed to be blue eyed boy of the law until and unless he may be found guilty of alleged charge---Law cannot be stretched upon in favour of the prosecution particularly at bail stage---Medico Legal Officer has declared the injury sustained by the injured to be punishable under S.337-H(1), P.P.C which carries maximum punishment up to seven years, hence does not exceed limits of prohibitory clause of S.497, Cr.P.C---Petitioner/accused has made out a good prima facie case for his release on bail within the meaning of subsection (2) to S.497, Cr.P.C---Bail application was allowed, in circumstances.

Aijaz alias Aijaz Ali Jafferi vs State S — 2026 MLD 713 KARACHI-HIGH-COURT-SINDH

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