Case Details

Citation(s)
2010 SLG 2931 2010 SLD 2931 2010 PCRLJ 1700
Sindh High Court
Criminal Bail Application No. S-203 and M.A. No. 518 of 2006, decision Date : 24th April, 2006.
MRS. YASMIN ABBASEY, JUSTICE
Mumtaz Alam Leghari for Applicant. Muhammad Azeem Panhwar for the State.

HAMID--Applicant

VS

THE State

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302,114,34

Criminal Procedure Code (V of 1898)---.--- ---.---S. 497(2)---.---Penal Code (XLV of 1860), Ss. 302, 114 & 34---.---Qatl-e¬-amd---.---Bail, grant of---.---Further inquiry---.---State counsel had conceded that deceased received injuries from sharp cutting weapon, whereas accused was armed with fire-arm weapon---.---Deceased had not received any fire-arm injury on his person and all the injuries sustained by deceased were through sharp edged weapon---.---No direct role, in circumstances, was attributed to accused, which had made the case of accused that of further inquiry---.---Accused was allowed to be enlarged on bail, in circumstances. THIS ORDER PASSED BY: MRS. YASMIN ABBASEY, JUSTICE:---.--- Applicant Hamid, who is registered in Crime No. 56 of 2004, Police Station Tando Jam, under sections 302, 114 and 34, P.P.C., has moved this application for the grant of bail. 2. Case of prosecution is that on 15-6-2004, when the complainant along his brothers Ghulam Nabi and Allandad was going towards Tando Qaiser and when reached in front of the water pump, this applicant along with his companion namely Kando, Aijaz Khoso, Jummo and Sohrab armed with weapons followed them. After reaching near to the complainant and his brothers they got them down from the tonga and started using abusive language due to old enmity in between the parties. It is stated that at the instigation of this applicant all the four persons attacked on the complainant. Complainant and his brother Allandad saved their lives after running from the place of incident, however, they caught hold Ghularn Nabi, all the four culprits started giving sickle blows on his head and other parts of body. During this maltreatment Ghulam Nabi fell down on the ground. Thereafter all the culprits left…
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