| Citation(s) |
|---|
| 2023 SLG 2332 2023 SLD 2332 2023 SCMR 1724 |
Supreme Court of Pakistan
Criminal Petition No. 52-K of 2023, decided on 17th August, 2023. (Against Order dated 06.03.2023 passed by the Sindh High Court Bench at Sukkur in Criminal Bail Application No. S-399 of 2022) Date of hearing: 17th August, 2023.
Present: Munib Akhtar, Muhammad Ali Mazhar and Syed Hasan Azhar Rizvi, JJ
Ubedullah Ghoto, Advocate Supreme Court and Muhammad Iqbal Chaudhry, Advocate-on-Record for Petitioner. Hussain Bux Baloch, Additional A.G., M. Yasin, SHO and M. Aslam, SI for the State. Complainant in person.
Criminal Petition No. 52-K of 2023, decided on 17th August, 2023. (Against Order dated 06.03.2023 passed by the Sindh High Court Bench at Sukkur in Criminal Bail Application No. S-399 of 2022) Date of hearing: 17th August, 2023.
Present: Munib Akhtar, Muhammad Ali Mazhar and Syed Hasan Azhar Rizvi, JJ
Ubedullah Ghoto, Advocate Supreme Court and Muhammad Iqbal Chaudhry, Advocate-on-Record for Petitioner. Hussain Bux Baloch, Additional A.G., M. Yasin, SHO and M. Aslam, SI for the State. Complainant in person.
ALLAH DEWAYO SHAHANI---Petitioner
VERSUS
The STATE through Prosecutor General, Sindh---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Penal Code (XLV of 1860)
Section: 302,324,114,147,148,149
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 114, 147, 148 & 149---Constitution of Pakistan, Art. 185(3)---Murderous assault---Bail, refusal of---In the ocular account a specific role had been ascribed to the accused-petitioner---Admittedly death of deceased was caused due to fire arm injuries---All the accused persons, including the petitioner, were armed with firearm weapons, the details of which were mentioned in the FIR---Offence was said to have been committed by the petitioner and other co-accused when the complainant party was cultivating their own land, therefore, the possibility of common object which stands for and connotes a prearrangement and common intention/objective of committing the murder of the deceased could not be ruled out---Delay of one day in lodging FIR had already considered by the High Court with ample reasoning which was not fatal to the prosecution case in the given circumstances---Co-accused assigned a similar role to that of petitioner was refused pre-arrest bail by the High Court and he subsequently withdrew his bail application from the Supreme Court, as a result of which he was still behind bars---So far as the plea of alibi was concerned, no proper details were provided to demonstrate that the petitioner was actually behind bars in some other case and on which date and time he was released by the Magistrate in the other case---Petition for leave to appeal was dismissed, and petitioner was refused bail. Zaigham Ashraf v. The State 2016 SCMR 18 and Chaudhary Nadeem Sultan v. The State 2022 SCMR 663 distinguished. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Criminal petition for leave to appeal is directed against the impugned order dated 06.03.2023 passed by the Sindh High Court Bench at Sukkur in Criminal Bail Application No. S-399 of 2022, whereby the petitioner was declined post arrest bail in FIR No.96 dated 13.11.2021, lodged under sections 302, 324, 114, 147, 148 and 149, P.P.C. at Police Station Adilpur, District Ghotki. 2. The gist of allegations in the FIR is as under:- The complainant along with Sardar Bux, Shoukat and others was cultivating land when on 12.11.2021, at…
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