Case Details

Citation(s)
2026 SLG 4876 = 2026 SLD 4876 = 2026 SCP
Supreme Court of Pakistan
Jail Petition No. 384 of 2023 (Against the judgment dated 24.08.2023 passed by the High Court of Sindh, Circuit Court, Larkana, in Criminal Jail Appeal No. S-59 of 2019)
Presented By: Justice Muhammad Hashim Khan Kakar Justice Salahuddin Panhw
Mr. Muhammad Subhan Malik, JLC, SCP

Ali Raza Siyal …Petitioner

VERSUS

The State …Respondent

Law: Pakistan Penal Code, 1860

Section: 302(b),201

Law: Criminal Procedure Code, 1898

Section: 382-B, 154

Summary The Supreme Court dismissed the petitioner's jail petition seeking leave to appeal against his life imprisonment conviction under section 302(b) PPC for murdering Ashique Ali Siyal in 2012. The Court upheld the conviction based on consistent eyewitness testimony corroborated by medical evidence, held that the three-day delay in FIR registration was attributable to police negligence (not the informant), and issued strong directives to police and trial courts across Sindh to ensure prompt FIR registration, discontinue colonial terminology like "Faryaadi," and face potential contempt or action under section 201 PPC for deliberate delays. Core Points Petitioner sought leave to appeal against High Court judgment dated 24.08.2023 dismissing his criminal jail appeal against conviction under section 302(b) PPC. Occurrence took place on 30.04.2012 at 8:30 p.m.; petitioner, armed with a dagger, inflicted a fatal blow below the left nipple of the deceased Ashique Ali Siyal on his father's instigation. Eyewitness testimony of informant Shahid Ali Siyal (PW-2) and Muhammad Qayoom (PW-3) was consistent, confidence-inspiring, and fully corroborated by medical evidence. FIR was registered on 03.05.2012 despite police being informed the same night (Roznamcha entry dated 30.04.2012 at 8:40 p.m.; police saw corpse at 9:00 p.m.). Delay of over three days in FIR registration was held not fatal to prosecution as it was attributable to police, not the informant. Court expressed dismay at persistent delayed FIR registration in Sindh despite prior directions in Muhammad Bux alias Shahzaib v. The State. Directed strict compliance with Muhammad Bux judgment: prompt FIR registration, discontinuation of term "Faryaadi," and potential action under section 201 PPC against police officials causing deliberate delay. Trial courts directed to record findings on FIR delay causes and initiate proceedings against errant police officers where warranted. Prosecutor General, Sindh, ordered to submit report on murder cases from 1 January 2025 onwards showing occurrence time vs. report time, identifying FIRs registered after 24 hours. Registrar directed to translate…
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