Case Details

Citation(s)
2001 SLG 1191 2001 SLD 1191 2001 PCRLJ 1643
Sindh High Court
Criminal Bail Applications Nos.10 and 33 of 2001, decided on 28th February, 2001.
MUHAMMAD ROSHAN ESSANI AND MUHAMMAD ASHRAF LEGHARI, JJ
Muzaffar Ali Shaikh for Applicants (in Criminal Bail Application No. 10 of 2001). Sajjad Hussain Kolachi for Applicant (in Criminal Bail Application No.33 of 2001). Muhammad Bachal Tonyo, Addl. A. G. for the State.

ZULFIQAR ALI and others --Applicants

VS

THE STATE --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/34

Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860), 5.302/34 Bail, grant of Three of the accused persons alongwith co accused duly armed with lethal weapons barged into the house of complainant and fired at the deceased who died after receiving fatal injuries and a lady was also injured Empties were recovered from the place of occurrence Accused persons had been implicated by all the eye witnesses of the incident including the injured Motive had been specifically disclosed in the F.I.R. Bail application of accused persons was rejected Name of other accused did not appear in the F.I.R. and no overt act had been ascribed to him Case of said accused requiring further enquiry, he was granted bail.   Muzaffar Ali Shaikh for Applicants (in Criminal Bail Application No. 10 of 2001).   Sajjad Hussain Kolachi for Applicant (in Criminal Bail Application No.33 of 2001).   Muhammad Bachal Tonyo, Addl. A. G. for the State. ORDER By this single order we propose to dispose of Criminal Bail Application No. 10 of 2001 Zulfiqar, Rahib and Jurio v. The State and Criminal Bail Application No.33 of 2001 Allah Bachayo v. The State, as both the applications arise out of the same F.I.R. The facts briefly stated by complainant Menhal Khan in the F.I.R. are that a piece of land admeasuring about 100 Jareebs was lying uncultivated adjacent to their houses. On 3 3 2000, Syed Samiullah Shah and Mehboob Shah called him and disclosed that they have purchased the said piece of land from Qurban Nareio and others and directed him to look after the same. The complainant made efforts to plough the land but he could not arrange for the tractor. At about 4 p.m. on the same day accused Kauro, Sadhoro, Kando and others came to the complainant and restrained him from looking after the land as the dispute in regard to land was already going on between them and Narejas. The complainant did not accede to their directions upon which they were annoyed. At about 11 30 p.m. on 3 3 2000 accused Kauro, Sadoro, Bhagio, Kando armed with Kalashnikovs, Zulfiqar, Rajib, Jurio, Rahib armed with guns and 4 unidentified persons, whom they had seen properly in the…
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