Case Details

Citation(s)
2003 SLG 3319 2003 SLD 3319 2003 PLD 62
Sindh High Court
Criminal Bail Application No. 1035 of 2002, decided on 2 7th August, 2002
WAHID BUX BROHI, J
Abdul Qadir Siddiqui for Applicant.

MUHAMMAD URS--Applicant

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.324/353/34---Second bail application before High Court---First bail application of accused had already been dismissed on merits by High Court---Preciously High Court after having fully heard the counsel of accused and going through the facts of the case had found sufficient material on record to connect the accused with the offence---Plea of ineffective firing had been taken on behalf of accused--­Accused had been captured on the spot and a 22 bore pistol was allegedly recovered from him---High Court in its previous order had also taken into consideration the incidence of such crime---No exceptional circumstances existed in the case to review the earlier order---Bail was declined to accused in circumstances. Abdul Ghafoor v. State 1996 PCr.LJ 1573 and Gulzar Hussain Shah v. Ghulam Murtaza PLD 1970 SC 335 distinguished. ORDER Applicant Muhammad Urs has sought bail in a case arising out of F.I.R. No.28 of 2002 of Police Station Baloch Colony, Karachi for an offence punishable under sections 353/324/34, P.P.C. 2. As per F.I.R., A.S.-I. Zulfiqar Hyder posted at Madadgar East, East Line, Karachi was on patrol on 16-12-2000, alongwith HC Ghulam. Muhammad on motorcycle when they saw Car No.ADD-634 Suzuki Mehran going towards Defence View from the bridge of Baloch Colony in suspicious circumstances. The A.S.-I. signalled the car to stop, but the persons sitting in the car opened fire on them. In return, the A.S.-I. and his companion also made fires and succeeded in apprehending applicant Muhammad Urs and co-­accused Muhammad Tariq, while the third one made his escape good. On personal search, one .22 bore pistol and two live bullets were recovered from the applicant and both of them were taken to police station where the F.I.R. was recorded. 3. The accused persons approached the trial Court for bail. Out of them Muhammad Tariq was granted bail by order dated 18-4-2002, inter alia, on the ground that no crime weapon was secured from him, and bail was refused to applicant Muhammad Urs. The applicant moved an application for bail in this Court which was heard by another Bench and after…
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