378/2014 Cr.Bail IMTIAZ KHAN (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 21-MAY-14
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302, 324, 147, 148, 149, 427 & 504---Qatl-e-amd, attempt to commit qatl-e-amd, rioting, rioting armed with deadly weapons, unlawful assembly, mischief causing damage to the amount of fifty rupees, intentional insult with intent to provoke breach of peace---Bail, grant of---Further inquiry---Tribal enmity--- Cross-version F.I.Rs.---Discrepancies in prosecution evidence---Persons belonging to complainant party and accused party both lost their lives during the occurrence---Complainant party contended that deceased from accused party was also killed by their own firing---Validity---Prima facie it was difficult to say that fatal injuries caused to deceased from both sides were caused by one and the same weapon, as the post-mortem report did not suggest the same---Police refused to register cross-version F.I.R. of accused party, and it was only registered subsequently on the directions of Justice of Peace---Refusal of police to register counter-version of accused party, prima facie under the influence of complainant party could not be ruled out---Contents of the mashirnama regarding place of occurrence and dead bodies and the post-mortem report of a victim from the accused party's side gave credence to the counter-version case/F.I.R. of accused party---Another discrepancy in the prosecution story was that mashirnama of dead bodies of deceased from both sides was prepared at the same time and they were sent to the hospital, but body of deceased from accused party's side reached the hospital five hours after the other one---Accused was no more required for further investigation as he had already been remanded to jail custody---Case against accused called for further inquiry into his guilt---Accused was admitted to bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, grant of---Scope---Heinous crime---Bail could not be refused merely on the ground that accused was involved in a heinous crime, particularly when he had made out a case of further inquiry into his guilt on several counts.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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