Case Details

Citation(s)
2010 SLG 2971 2010 SLD 2971 2010 PCRLJ 1917
Sindh High Court
Criminal Bail Application No. 246 of 2010, decision Date : 12th June, 2010.
MS. RUKHSANA AHMED, JUSTICE
Saleem Khan v. State 1999 PCr.LJ 140 ref. Muhammad Sachal R. Awan for Applicant. Shahid Ahmed Shaikh, Additional Prosecutor-General for the State.

HABIBULLAH ALIAS HABAN--Applicant

VS

THE State

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 324,405,337=F(ii),147,148,149

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss.324, 405, 337-F(i), 147, 148 & 149---.---Attempt to commit qatl-e-amd, criminal breach of trust, damiyah---.---Bail, grant of---.---Further inquiry---.---Injuries on the person of injured were on non-vital part of the body, which prima facie showed lack of intention of accused to cause qatl-e-amd---.---Question of applicability of S.324, P.P.C. as mentioned in F.I. R. was still to be determined at trial after examination of complainant and prosecution witness---.---No motive had been assigned by the complainant for the alleged attack on him and others---.---Alleged offence against accused at the most would fall under S.337-F(i), .P. C. C., which did not fall under prohibitory clause of S.497, Cr.P.C.---.---Case of accused requiring further inquiry, he was admitted to bail, in circumstances. THIS ORDER PASSED BY: MS. RUKHSANA AHMED, JUSTICE:---.--- Applicant Habibullah alias Haban seeks bail in Crime No. 338 of 2008 registered at Police Station, Dadu for offences under sections 324, 405, 337-F(ii), 147, 148 and 149, P.P.C. As per F.I.R., complainant Gul Hassan alleged that there is murderous enmity between him and Shahan Kaburo. On 23-7-2008 when complainant along with his nephews Din Muhammad and Wazir and his relative Mazhar were present in the otaq of their nekmard Shahan Kaburo for discussion over faisla of brothery, the present applicant/ accused Habibullah alias Haban, Shahan, Anwar, Imam Ali, Azam and Niaz duly armed with deadly weapons came there and started abusing that Wazir has fought with their persons, therefore, they will not be spared to them, saying so accused Shahan abused Wazir, nephew of the complainant and accused (applicant) Habibullah alias Habban in order to kill Wazir, made fire from his repeater which hit him on his knee of left leg, while accused Anwar caused butt blow of gun and Azam caused hatchet handle blow to Imam Ali and Niaz caused danda blow to Wazir on his back and other parts of the body. Thereafter complainant took Wazir to Civil Hospital, Dadu for treatment and leaving him there went to Police Station and lodged such report.…
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