2017/2024 Cr.Bail SYED ZIA HUSSAIN SHAH S/O SYED MEHRBAN SHAH (Applicant) V/S THE STATE (Respondent)

2017/2024 Cr.Bail SYED ZIA HUSSAIN SHAH S/O SYED MEHRBAN SHAH (Applicant) V/S THE STATE (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 17-OCT-24

About the statement of co-accused and subsequent arrest of the applicant leading to the recovery of incriminating material in terms of seizer memo as discussed supra, no doubt, as per Article 43 of the Qanun-e-Shahadat Order, 1984 when more persons than one are being jointly tried for the same offense and a confession made by one of such persons admitting that the offense was committed by them jointly, is proved, the court may take into consideration the confessional statement of that co-accused as circumstantial evidence against the other co-accused (s). However, the statement of one accused can be relied upon if there is some other independent evidence corroborating such a confessional statement. The principle ingrained in Article 43 of the Qanun-e-Shahadat is also applied at the bail stage and the confessional statement of an accused can lead the court to form a tentative view about prima facie involvement of his co-accused in the commission of the alleged offence. On the aforesaid proposition, we are guided by the decision of the Supreme Court in the case of Muhammad Sarfraz Ansari vs. The State and others (PLD 2021 SC 738 ).