605/2013 Cr.Bail SOHAIL (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 15-MAY-14
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302 & 34---Qanun-e-Shahadat (10 of 1984), Art. 22---Qatl-e-amd common intention---Bail, grant of--- Further inquiry---Delay in conducting identification parade---Effect---Unwitnessed murder---Accused was arrested and implicated for the offence on basis of spy information received by the complainant, five days after the incident---Accused was neither mentioned in the F.I.R. nor any weapon used in the incident was recovered from him---Complainant did not mention the circumstances in which he came to know that accused was involved in the murder---Complainant effected the arrest of accused but he was not an eye-witness of the incident---Identification parade took place after a lapse of 14 days and during such time accused remained in police custody---Such circumstances provided sufficient grounds for further inquiry into guilt of accused---Accused was in jail for more than a year and three months and investigation of the case was finalized---Accused was no more required for any further investigation---Accused was granted bail in circumstances. 2005 YLR 1637 and 1994 PCr.LJ 504 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 302---Qanun-e-Shahadat (10 of 1984), Art. 22---Unwitnessed/blind murder---Bail---Scope---Further inquiry---Delay in conducting identification parade---Effect---Unexplained delay in holding of identification parade of accused created serious doubts in story of the prosecution and thus it became a case for further inquiry in terms of S. 497(2), Cr.P.C. 2005 YLR 1637 and 1994 PCr.LJ 504 rel.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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