zahid alias Zahid Hussain Jatoi vs State S — 2026 YLR 220 KARACHI-HIGH-COURT-SINDH

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zahid alias Zahid Hussain Jatoi VS State S. 498---Penal Code (XLV of 1860), Ss. 436, 427, 337-H(2), 148 & 149---Mischief by fire and explosive substance, mischief causing damage to the amount of fifty rupees, rash or negligent act to endanger human life or personal safety of others, rioting, rioting armed with deadly weapons, unlawful assembly---Pre-arrest bail, dismissal of---Allegations against the accused-applicant were that he along with five others set ablaze the houses of complainant party along with their surrounding hedge by means of matchstick as a result whereof the hedge, houses and the household articles lying there were burnt to ashes, whereas, the co-accused persons resorted to aerial firing---From perusal of the record it would be seen that the applicant was named in the FIR and specific role of setting the houses on fire with surrounding hedge and household articles of complainant by means of matchstick was assigned to him---So far as delay in lodgment of FIR was concerned, delay per se was no ground to discard and/discredit the entire prosecution case/version---No mala fide was shown on the part of complainant to implicate the applicant/accused in the case falsely, particularly, nothing had been placed on record to substantiate the ground urged with regard to any land dispute between the parties---Principles governing thegrant of post arrest bail and those for seeking pre-arrest bail were altogether different---Basic ingredients for grant of pre-arrest bail were lacking in this case---Per progress report submitted by the Trial Court, after framing of charge against the accused, witnesses had been appearing but the defence was seeking adjournment on one or the other pretext---Such brazen attitude of accused showed they had no nexus or concern with trial but to press bail application only to linger on the trial proceedings to defeat the interest of prosecution---Applicant had no case for grant or confirmation of pre-arrest bail---Bail petition was dismissed, in circumstances.

zahid alias Zahid Hussain Jatoi vs State S — 2026 YLR 220 KARACHI-HIGH-COURT-SINDH

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