Case Details

Citation(s)
2001 SLG 1187 2001 SLD 1187 2001 PCRLJ 1628
Sindh High Court
Criminal Bail Application No.68 of 2001, decided on 28th February, 2001.
MUHAMMAD ROSHAN ESSANI AND MUHAMMAD ASHRAF LEGHARI, JJ
Wali Dino A. Narejo for Applicant. Sher Muhammad Shar, A.A. G. for the State.

MUHAMMAD KHAN --Applicant

VS

THE STATE --Respondents

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/147/148

Criminal Procedure Code (V of 1898)     S. 497 Penal Code (XLV of 1860), Ss.302/147/148 Bail, grant of ¬Only allegation against the accused was that he, during the course of investigation, led the police party and produced the rifle Name of the accused did not appear in the F.I.R. and not a single witness had implicated the accused in the commission of offence Accused was arrested about three months after the alleged incident Case against the accused required further inquiry as no reasonable grounds existed to believe that the accused was guilty of offence covered by the prohibitory clause of S.497, Cr.P.C. Bail was granted to accused.   Wali Dino A. Narejo for Applicant.   Sher Muhammad Shar, A.A. G. for the State. ORDER MUHAMMAD ROSHAN ESSANI, J.Facts leading to the present application for bail are that the accused Muhammad Khan is facing trial in Special Case No.160 of 2000 before Special Judge (S.T.A.), Khairpur under sections 302, 147 and 148, P.P.C. It arose out of F.I.R. No.9 of 2000 of Police Station Guloo Sial. The facts leading to the present bail application as disclosed by complainant Abdul Rehman are that Ghulamullah was his younger brother. One day prior to the lodging of F.I.R. two guests of Bhelar Community came to his younger brother Ghulamullah and took him alongwith them. His brother Gulamullah did not return back for the night. During night time, the complainant heard fire shots towards village Piyaroya Ji Wandh. Early in the morning he alongwith Ghulam Akbar and Haji Khan Narejo went to the village Piyaroya Ji Wandh On their way to that village, when they reached near the land of Ali Muhammad Narejo they saw a person tied by a cloth with Babul tree. They went near him and saw that it was dead body of Ghulamullah brother of the complainant. He had fire arm injuries on his person. They saw foot prints of some person at the site. The foot prints were tracked which were lost at some distance. The complainant left Ghulam Akbar over the dead body and he proceeded to police…
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