Case Details

Citation(s)
2010 SLG 1586 2010 SLD 1586 2010 YLR 678
Sindh High Court
Criminal Bail Application No. 523 of 2007, decision Dated: 23-08-2008.
MRS. QAISER IQBAL, JUSTICE
Petitioner(s) by: Saathi M. Ishaque
Respondent(s) by: Fazal-ur-Rehman

WASIM AHMED

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 154,161,497(2)

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), S.302---Qatl-i-amd---Bail, grant of---Further inquiry-Ocular account had persistently established that no evidence was available with the prosecution---Complainant and his wife reached the place of incident after receiving information from the Police about the murder of their daughter---In absence of direct evidence, strong circumstantial evidence was required to connect accused with the commission of the crime, but no circumstantial evidence was prima facie available on the record to suggest' implication of accused in the commission of offence---Deep scrutiny of evidence was not permissible at the bail stage---Benefit of S.497(2), Cr.P.C., was extended in favour of accused, in circumstances and he was admitted to bail. THIS ORDER PASSED BY: MRS. QAISER IQBAL, J.--- Applicant Wasim Ahmed son of Muhammad Saleem has applied for bail in Crime No.454/2006, under section 302, P.P.C. registered at Police Station Darkhshan, Karachi. His bail plea was rejected by learned VI Additional Sessions Judge, Karachi South, therefore, he has resorted to file the present bail application. Succinctly the case disclosed in the statement of complainant Shaukat Mehmood recorded under section 154, Cr.P.C. dated 1-10-2006 stating therein that he is the father of deceased Mst. Uzma, who had solemnized marriage with one Shahid, out of the wedlock one boy, aged about one and half years was born, subsequently, she was divorced. After seven months deceased Uzma had contracted marriage with applicant, soon after the marriage quarrels have occurred between them as the applicant had been persistently demanding money to meet his designs. Deceased Uzma was compelled to procure money on two occasions from her parents. The complainant has received information that his step-daughter Mst. Uzma was murdered in her flat situated in Badar Commercial Area, upon receiving such information he along with his wife went to the place of occurrence, after complying the formalities dead body of deceased was shifted to Jinnah Hospital for post-mortem, on the basis of the above report, the applicant and co-accused Shahid were…
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