Ad-interim pre-arrest bail, confirmation

Citation Name : 2019 PCrLJ 1297 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. SUGHRAN BIBI
Side Opponent : State
S. 498---Penal Code (XLV of 1860), Ss. 302, 337-A(ii), 449, 148 & 149---Qatl-i-amd, shajjah-i-mudihah, house trespass in order to commit offence punishable with death, rioting, armed with deadly weapon and common intention---Ad-interim pre-arrest bail, confirmation of---abscondence ---Rule of consistency--- Applicability---Delay in lodging FIR---Scope---Prosecution case against petitioner was that complainant was present in his house when he heard knocks on his door, he opened the door and the petitioner along with co-accused persons forcibly entered his house---Co-accused persons, on the lalkara raised by petitioner, made fire shots on son of complainant, who succumbed to the injuries---Plea of prosecution was that petitioner had remained absconder for a period of three years---Petitioner explained that her husband was taken into custody, therefore, she in order to save the life of her four young children including two elder daughters shifted to a safe place---Validity---Petitioner was duly named in the complaint with specific role, however, admittedly the prosecution version consisted of two versions, one contained in the crime report and the other mentioned in the complaint, as to which of the versions was true was to be decided by Trial Court after recording the prosecution evidence---Crime report was lodged with a delay of two days while complaint was lodged with a further delay of eight months---Role of raising lalkara was ascribed to petitioner and no overt act qua inflicting any injury was alleged against her---Explanation of petitioner regarding abscondence carried credence, especially after a heinous occurrence, complainant party attack the accused side in order to take revenge---Factum of absconsion, in the present case, could not be given pivotal importance---Co-accused, who was assigned direct role of inflicting injury on the person of deceased had been admitted to post arrest bail, therefore, petitioner was entitled for the concession of bail on the plea of consistency---Ad-interim pre-arrest bail already granted to petitioner was confirmed.

Citation Name : 2019 YLR 324 KARACHI-HIGH-COURT-SINDH
Side Appellant : BUX ALI alias DODO
Side Opponent : State
abscondence --- Evidentiary value---abscondence was treated as a piece of evidence against the accused, who deliberately and intentionally avoided and failed to surrender.

Citation Name : 2019 YLR 324 KARACHI-HIGH-COURT-SINDH
Side Appellant : BUX ALI alias DODO
Side Opponent : State
S. 302---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Prosecution case was that accused caught hold the complainant from his neck and used filthy language by laying him on the ground and gave him kicks and fists blows, complainant told the incident to his son and others---Accused came on motorcycle being armed with gun and gave a call to the complainant from the street---Complainant party came out and proceeded towards the accused---Complainant was behind the others and in the meanwhile accused made straight firing with his gun on the son of complainant, which hit on his chest and he succumbed to the injuries at the spot---Prosecution furnished ocular account by producing three eye-witnesses including complainant---Record showed that the place of incident was situated in front of the houses of complainant party therefore, presence of complainant and other eye-witnesses was natural---Incident had occurred at 7.30 p.m. and in the month of March, it was sunset time therefore, question of misidentity did not arise---Both the parties were well-known to each and the accused resided at the distance of two kilometres from the village of complainant---Fact remained that at first episode of the incident, quarrel took place between the complainant and accused---Complainant had implicated only the accused---Ocular version of complainant was corroborated by medical evidence, which clearly showed that deceased died unnatural death due to firearm injuries---Record transpired that accused did not join investigation and his abscondence for pretty long time was unexplained and was additional piece of evidence against him---No empty was recovered from the scene of offence, which was not possible if accused had not reloaded his gun at the place of incident---Ocular testimony of all the three eye-witnesses, gone un-shattered---Evidence of prosecution witnesses was reliable, trustworthy and confidence inspiring---Circumstances suggested that accused had committed murder of deceased---Eye-witnesses were related to each other and their evidence could not be discarded merely on such ground particularly when there was no motive to falsely involve the accused---Nothing had been brought on record to show that complainant had motive for falsely implicating the accused---Circumstances established that prosecution had proved its case against the accused, however, the motive had not been proved by the prosecution, even complainant had taken different version regarding motive---Accused was suffering from mental disorder, due to mental health of accused, it could be a reason that in first episode of the incident, when quarrel between complainant and accused had taken place and accused had spared the complainant and thereafter again he came back to the village of complainant and while seeing all the four witnesses coming towards him, he made fires on the deceased, who was leading them---Deceased was young boy aged about twenty years and when he heard that the accused had quarrelled with his father and gave him kicks and fists blows, he straight away went to accused and accused made firing at him and thereafter fled away from the scene of offence on motorcycle---Accused had not repeated the fires on deceased or other witness---Prime target of accused was complainant not his deceased son, which constituted mitigating circumstance---Sentence awarded to the accused was altered from death to imprisonment for life in circumstances.