| Citation(s) |
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| 2025 SLG 5327 2025 SLD 5327 = 2025 SHC 3085 |
Cr. Bail Appln. No.1753 of 2025
MIRAN MUHAMMAD SHAH, J
Applicant : Mst. Kainat daughter of Rasheed, Through Mr. Shamraiz Khan, advocate.
Respondent : The State and Complainant in person through Ms. Rahat Ehsan, Additional Prosecutor General, Sindh. Date of hearing : 02.10.2025. Date of Order :............... 10.2025.
MS KAINAT D/O RASHEED V/S THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 302, 34
Law: Criminal Procedure Code, 1898
Section: 497
Law: Qanoon-e-Shahadat Order, 1984
Section: 38, 39
Case Summary
The applicant sought post-arrest bail in a murder case registered under Sections 302 and 34 PPC. The prosecution alleged that the deceased was killed due to a family rivalry arising from the applicant’s alleged relationship with him. No direct role, presence at the crime scene, or specific act was attributed to the applicant.
The Court held that mere allegation of motive or relationship, without direct participation or corroborative evidence, is insufficient to deny bail, particularly where the accused is a woman. The investigation was complete, the challan had been submitted, and no further evidence connected the applicant to the commission of the offence. Relying on Supreme Court precedents, the Court granted post-arrest bail, observing that continued incarceration on vague and presumptive allegations would be unjustified.
Sections Used
Sections 302, 34, Pakistan Penal Code (PPC)