Case Details

Citation(s)
2011 SLG 2160 2011 SLD 2160 2011 YLR 711
Sindh High Court
Criminal Bail Application No. 1401 of 2010, decided on 4th January, 2011
SHAHID ANWAR BAJWA, J
Mehmood A. Qureshi and Jamshed Iqbal for Applicant. Imtiaz Ali Jalbani, A.P.G

FUR-QAN QADRI

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Bail, grant of---Further inquiry---Prosecution claimed that a pistol was recovered front accused; and that four empties were recovered from the spot---Crime number of the case was not mentioned in the report of Forensic Science Laboratory--Assistant Public Prosecutor failed to point out whether empties recovered, had been matched with the pistol---Case of the prosecution at the best was of further inquiry---Contention of counsel for accused was that name of accused had not been mentioned in the F.I.R.---Since the person who lodged F.I.R. did not know the culprit, it was not expected that names would be mentioned in the F.I.R.---Counsel for accused had also argued that it was also claimed that firing took place from a motorcycle, therefore, at the best, the witnesses got a glimpse of the culprits and after sixteen months it was not expected that witnesses would remember as to who committed the crime--Such aspect could only be thrashed after evidence was recorded---Sole piece of evidence in the case was identification parade---Had the empties been tested and matched with the recovered pistol, the position might have been different, but that had not been done---Case against accused being of further inquiry, he was admitted to bail, in circumstances. 2002 PCr.LJ 1386; PLD 2004 SC 822; Shafqat Mehmood and others v. The State 2010 PSC (Crl.) 263 and Sardar Munir Ahmed Dogar's case PLD 2004 SC 822 ref. ORDER SHAHID ANWAR BAJWA, J.---F.I.R. No. 71 of 2008 was recorded in Police Station Bilal Colony on 17-3-2008 for an offence allegedly to have been committed on 16-3-2008. It was stated by the complainant that he was standing with Muhammad Arshad near Chowk of Hamra Masid, Sector 5-M, North Karachi when two boys came on a motorcycle. The pillion rider fired and fire hit Muhammad Arshad. The two boys escaped. Muhammad Arshad was taken in a taxi to Abbasi Shaheed Hospital where he was pronounced dead. After F.I.R. was recorded four empties were recovered from the spot. The present applicant was arrested on 9-7-2009 in connection with police encounter. It is claimed by…
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