Case Details

Citation(s)
2011 SLG 1289 2011 SLD 1289 2011 YLR 1708
Sindh High Court
Criminal Bail Application No. 1084 of 2010, decision Dated: 03-11-2010.
BHAJANDAS TEJWANI, JUSTICE
Petitioner(s) by: Rasheed A. Rizvi, Mehmood A. Qureshi and Amer Raza Naqvi

WASIF ELLAHI

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Pakistan Penal Code, 1860

Section: 34,302,392

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/392/34---Qatl-e-amd and robbery---Bail, grant of---Further inquiry---No direct evidence was available to connect accused with the alleged crime---Accused was involved by the Police after 25 days on the basis of some spy information---Father of the deceased, who was alleged to have identified accused, had denied such identification by disclosing that accused was shown to him one day prior to identification parade at the Police Station; and he had further clarified that accused was not involved in the commission of the offence---Brother of deceased, who was made Mashir of recovery of certain robbed property, had also denied that anything was recovered from accused in his presence---Case of accused, in circumstances would require further probe in the matter---Accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: BHAJANDAS TEJWANI, J.--- This bail application has been filed on behalf of applicant Wasif Ellahi, who is facing trial under sections 302, 392 and 34, P.P.C., arising out from F.I.R. No. 400 of 2010 of Police Station Boat Basin, Clifton, Karachi. The brief facts of the case of the prosecution are that on 2-7-2010 Mst. RoshanHormzji lodged F.I.R. with Police Station Boat Basin Karachi, stating therein that her servant Rajeshdarlal son of Birijlal along with his wife Mst. Hina are residing in servant quarter of her bungalow. On 2-7-2010 at about 0200 hours in the night she was present in the house when her servant knocked the door of her room and the complainant saw Mst. Hina accompanied with two persons, one of them having pistol while other had knife, both wearing Jeans Pantaloon and shirt, their hands were covered with plastic gloves. One pointed pistol on the head of complainant and she was tied with the chair. The complainant assured that she will disclose everything in respect of her immovable in case she is untied. The persons robbed gold chain along with brooj, Motorola phone and some silver pots kept in almirah. The servant of complainant Mst. Hina told that their third accomplice was available in servant quarter watching over her daughter. Mst.…
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