Muhammad Mansoor Awan vs State S — 2026 YLR 212 KARACHI-HIGH-COURT-SINDH

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Muhammad Mansoor Awan VS State S. 498-a---Penal Code (XLV of 1860), Ss. 302(b), 120-B, 109, 147, 148, 149 & 34---Qatl-i-amd, criminal conspiracy, abetment, rioting, rioting armed with deadly weapons, unlawful assembly, common intention---Pre-arrest bail, confirmation of---Further inquiry---abetment and conspiracy---accused-petitioners were charged for committing murder of the cousin of complainant with sharp edged weapons---Record showed that allegation against the petitioner "MM" was solely that of instigation---In a case where the accusation under S.107, P.P.C hinged on alleged instigation proven through digital evidence on a USB device, failure to forensically examine the USB critically undermined the prosecution's evidence---Without authentic, verified evidence, claim of instigation become tenuous, especially when there was no direct or corroborative evidence beyond the unverified USB---Legal safeguards protected the accused's right to challenge unsubstantiated digital claims---For bail Courts usually adopt a lenient view when evidence was procedurally defective or weak---First Information Report itself was based on a prior altercation between the applicant and the deceased---While instigation was a serious allegation, its proof often required a deeper appreciation of evidence, which could only be undertaken at the trial stage---There was no evidence on record to show that the applicant was present at the scene of the crime or participated in the physical act---Question of whether alleged words or actions of petitioner directly led to the commission of the murder was a matter that necessitated further inquiry---General allegation of instigation, without more, often brought the case within the ambit of further inquiry---Bail application was allowed and pre-arrest bail granted earlier was confirmed, in circumstances.

Muhammad Mansoor Awan vs State S — 2026 YLR 212 KARACHI-HIGH-COURT-SINDH

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