Jumoon vs State S — 2026 YLR 158 KARACHI-HIGH-COURT-SINDH

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Jumoon VS State S. 497(2)---Penal Code (XLV of 1860), Ss. 302(b), 120-B & 34---Qatl-i-amd, criminal conspiracy, common intention---Bail, grant of---Further inquiry---Allegations against the accused-applicants were that they committed murder of the deceased---FIR was lodged with a delay of approximately two days, for which no plausible explanation had been furnished by the complainant, despite the fact that the distance between the place of occurrence and the concerned police station was merely two kilometers---Although a specific allegation was attributed to the accused, assigning him the direct role of causing firearm injury to the deceased, accused raised a plea of alibi which, upon investigation, was found to be substantiated---Investigating Officer collected the Call Detail Records (CDR) of the accused's mobile phone, which established his presence at a location distant from the scene of the incident---Investigating Officer collected an audio recording of a telephonic conversation between accused, co-accused, and the deceased---On the basis of said telephonic conversation, it stood established that the accused were not present at the place of occurrence at the relevant time---Relying upon this evidence, the Investigating Officer exonerated the applicants and placed their names in column No. 2 of the police report submitted under S.173, Cr.P.C.---In the present matter, the Investigating Officer had collected sufficient material substantiating the defence version of the accused persons and, on the basis of the said reports, had placed their names in column No. 2 of the challan---Consequently, the case of the applicants/accused fell within the ambit of further inquiry as envisaged under subsection (2) of S.497, Cr.P.C---Applicants/accused had been in custody for approximately one year and no substantial progress had been made in the proceedings before the Trial Court---Bail application was allowed, in circumstances.

Jumoon vs State S — 2026 YLR 158 KARACHI-HIGH-COURT-SINDH

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