| Citation(s) |
|---|
| 2025 SLG 3531 2025 SLD 3531 = 2025 SHC 2031 |
Cr. Bail Application Nos. S-375 of 2025 Cr. Bail Application No. S-487 of 2025
KHALID HUSSAIN SHAHANI J
Tarique Akbar Shar, through Mr. Ghulam Shabbeer Shar, Advocate
Muhammad Mansoor Awan
VS
. The State Danish Raza vs. The State
Law: Pakistan Penal Code, 1860
Section: 107
Law: Code of Criminal Procedure, 1898
Section: 497 ,161
Summary
This order disposes of two bail applications related to Crime No. 113/2025 registered at Police Station Mirwah, District Khairpur, involving charges of murder and related offences. Applicant Muhammad Mansoor Awan sought pre-arrest bail, and Danish Raza sought post-arrest bail. The case involves the brutal murder of the deceased Allah Dino (@ A.D Shar) and allegations against Mansoor Awan for instigation and Danish Raza for presence with an armed pistol at the crime scene. The court analyzed the evidence, specifically focusing on the reliability of digital evidence (USB containing threats), which was not forensically examined. Considering the lack of corroborative or direct evidence against Mansoor, and the fact that Danish Raza was armed but not involved in the stabbing, the court deemed the prosecution’s case weak and granted bail to both applicants while emphasizing that further inquiry is required. The prohibitory clause of Section 497 Cr.P.C. is not an absolute bar to bail if further inquiry is warranted.
Core Points
1.Crime and Parties:
- Murder of Allah Dino; Mansoor Awan accused of instigation, Danish Raza accused of being present armed but not directly committing murder.
2.Prosecution's Case: