31/12/2025
2025 YLR 246
Syed Qurban Ali Shah VS State
S.497(2)---Penal Code (XLV of 1860), Ss.324, 506(2),337- A(i), 337-F(i)& 34---Sindh Arms Act (V of 2013), S.25---Attempt to commit qatl-i-amd, criminal intimidation,shajjah-i-khafifah, damiyah,
,common intention, possession of illicit arms-- Bail, grant of---Further inquiry---At bail stage it could not be concluded definitely that whether the victim sustained two or three injuries, thus, discrepancy between the eye-witnesses testimony and the
medical evidence, as per the preliminary assessment,warranted caution regarding the credibility of the prosecution's allegations---There were contradictory statements in the FIR and the medico legal report as to time and date of occurrence and medical examination---Eye-witness of the injuries during investigation did not corroborate the prosecution version, rather he stated that he was not present at the time of occurrence---Recovery of weapon was effected after arrest, however, police failed to associate mashirs of recovery from the local community, rather associated mashirs were closely associated with the complainant, who were not residents of the locality where the alleged recovery was made---
Accused were in judicial custody since the day of their arrest---Challan had already been submitted to the court against the accused, indicating that they were not required for further investigation ---Accused had no criminal history of being habitual offenders or previous convicts---Case against the accused persons called for further enquiry falling within the ambit of S.497(2), Cr.P.C.---Accused were
granted bail, in circumstances.