927/2024 Cr.Bail ALI RAZA S/O MUHAMMAD CHAND (Applicant) V/S THE STATE THROUGH P.G SINDH (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 15-JUL-24
In the instant case, prima facie the abductee has given two versions of the incident, one before the Police after her recovery and secondly before the Magistrate on 13.01.2024 voluntarily after 8 days from the date of registration of F.I.R, though the alleged offense took place on 16.12.2023 alleging therein that her brother in law Faizan had abducted her and committed the alleged crime but she failed to disclose the name of the present applicant though the applicant was already arrested in the FIR on 07.01.2024 and her statement was recorded on 13.01.2024, however, the statement does not transpire the name of the applicant, which makes the case of the applicant that of further inquiry. On the aforesaid proposition, I seek guidance from the decision of the Honorable Supreme Court in the case of Ehsan Ullah vs. The State (2012 SCMR 1137) wherein it has been held by the Hon???ble Supreme Court of Pakistan as under:- ???This shows that in the present case the prosecution itself has two versions vis-??-vis the petitioner, first of the complainant party according to which the petitioner was present at the spot and had resorted to firing and second of the investigating agency according to which the petitioner was not present at the spot and he was abetting his co-accused from behind the scene. All these considerations surely render the case against the petitioner one of further inquiry into his guilt.???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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