| Citation(s) |
|---|
| 2003 SLG 3371 2003 SLD 3371 2003 PLD 416 |
Sindh High Court
Criminal Bail Application No. D-36 of 2003, decided on 27th March, 2003
WAHID BUX BROHI AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Aftab Ahmed Gorar for Applicant. Ali Azhar Tunio, Asstt. A.G. for the State.
Criminal Bail Application No. D-36 of 2003, decided on 27th March, 2003
WAHID BUX BROHI AND MUHAMMAD MUJEEBULLAH SIDDIQUI, JJ
Aftab Ahmed Gorar for Applicant. Ali Azhar Tunio, Asstt. A.G. for the State.
INAYATULLAH--Applicant
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/148/149---Bail, grant of---Further inquiry---Main accused had been acquitted of the charge and guilt of accused who had been implicated on account of his vicarious liability, would call for further enquiry ---Abscondence of accused by itself would not be sufficient to withhold concession of bail, particularly when in similar circumstances co-accused, had been granted bail---Accused was admitted to, bail, in circumstances. ORDER WAHIB BUX BROHI, J.--Applicant Inayatullah is facing trial for an offence under section 302, 324, 148, 149, P.P.C. in the Court of Sessions Judge and Special Judge for Suppression of Terrorist Activities, Larkana. Learned counsel for the applicant mainly contended that two of the co-accused Ashraf and Lutuf have been acquitted by the trial Court while another accused Hassan has been grated bail by this Court. The applicant also deserves grant of bail. In the circumstances it is needless to dilate upon the facts of the case in details but suffice it to pay that the allegations of prosecution are that on the day of incident 7 persons namely. Azhar, Ashraf, Lutuf, Mushtaq Inayat, Imdad and Hassan attacked the complainant party and allegedly all of them fired but none was hit. It is further stated that all the accused expressed that they had dispute with Javed Shah therefore, other should keep quiet. Thereafter Ashraf and Azhar asked Javed Shah to withdraw from the fish pond else he would not be spared and on his refusal accused Ashraf (since acquitted) fired from his country made…
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