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| 2025 SLG 5213 2025 SLD 5213 = 2025 SHC 3278 |
Criminal Bail Application No.2789 of 2025
Jan Ali Junejo, J
Applicants : Muhammad Zakaria son of Muhammad Yousuf and Muhammad Alam son of Muhammad Azam through Mr. Aamir Mansoob Qureshi, Advocate Complainant : Mufeez ur Rehman son of Ashraf Ali through Ali Ahmed, Advocate The State : Through Ms. Rahat Ehsan, Additional Prosecutor General, Sindh Date of hearing : 30.10.2025 Date of decision : 30.10.2025
MUHAMMAD ZAKARIA S/O MUHAMMAD YOUSUF & ANOTHER V/S THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 302,324,34
Law: Criminal Procedure Code, 1898
Section: 497(2),498-a
Summary:
The applicants, Muhammad Zakaria and Muhammad Alam, sought post-arrest bail in FIR No. 461/2025 registered under Sections 302, 324, and 34 PPC. The prosecution alleged that the principal accused, Muhammad Umer Hamza, fired the fatal shots, while Muhammad Zakaria instigated him and Muhammad Alam allegedly locked the cooler room. The Court found that no direct role, weapon recovery, or independent corroboration was available against the applicants. Mere presence or vague allegations of instigation without supporting evidence did not establish common intention under Section 34 PPC. As the investigation was complete and the case required further inquiry, the Court granted bail to both applicants.
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