| Citation(s) |
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| 2025 SLG 2262 2025 SLD 2262 = 2025 YLR 785 |
Sindh High Court
Criminal Bail Application No. S-46 of 2024, decided on 8th April, 2024.
Before Amjad Ali Bohio, J
Mir Pervez Akhtar Talpur for Applicant. Shahzado Saleem, A.P.G., for the State. Ghulam Mustafa Hingorjo for the Complainant.
Criminal Bail Application No. S-46 of 2024, decided on 8th April, 2024.
Before Amjad Ali Bohio, J
Mir Pervez Akhtar Talpur for Applicant. Shahzado Saleem, A.P.G., for the State. Ghulam Mustafa Hingorjo for the Complainant.
QAIM---Applicant
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Penal Code (XLV of 1860)
Section: 324,147,148,149,114,506,504
Criminal Procedure Code (V of 1898)-------S.497(2)---Penal Code (XLV of 1860), Ss.324, 147, 148, 149, 114, 506 & 504---Attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly with common object, abettor present when offence is committed, criminal intimidation, intentional insult with intent to provoke breach of the peace---Bail, grant of---Further inquiry---Case of cross-version FIRs---During the occurrence three persons of accused party also sustained injuries but those injuries had not been disclosed in the FIR lodged by the complainant---Cross version FIRs were registered in response to the injuries sustained by the persons of the accused party---Nature of injuries was not relevant at the bail stage, especially in cases of cross-version where there was a conflict between the Medical Officer's opinion and the FIR---Existence of previous enmity was admitted---There was discrepancy in the FIR and MedicoLegal Certificate (MLC) as to kind of weapon used for causing alleged injury--Time, date and place of both the offences were the same---In such circumstances, it was for the Trial Court to determine as to who was the aggressor and who was aggressed upon, after recording evidence of the parties--Case against the accused persons called for further enquiry falling within the ambit of S.497(2), Cr.P.C.---Accused persons were granted bail, in circumstances.Muhammad Ashraf v. The State and another 2021 MLD 166; Shoaib MehmoodButt v. Iftikhar-ul-Haque and 3 others 1996 SCMR 1845; Fazal Muhammad v. Ali Ahmad and 3 others 1976 SCMR 391; Mst. Shaftqan v. Hashim and another 1972 SCMR 682 and Hamza Ali Hamza and others v. The State 2010 SCMR 1219 ref.Saqib and others v. The State and others 2020 SCMR 677; Abdul Hameed v. Zahid Hussain alias Papu Chaman Patiwala and others 2011 SCMR 606 and Khalid Mehmood and another v. Muhammad Kashif Rasool and others 2013 SCMR 1415 rel.Munir Hussain v. The State 2022 PCr.LJ Note 1110; Waseem and 2 others v. The State 2023 PCr.LJ Note 69; Muhammad Jaffar v. The State and another 2020 MLD 679; Naseemullah v. The State and another 2024 MLD 27; Ghulam Fareed v. The State 2012 YLR 2061; Masood Ahmed alias…