| Citation(s) |
|---|
| 2011 SLG 2241 2011 SLD 2241 2011 PLD 199 |
Sindh High Court
Bail Application No. 217 of 2011, decided on 23rd February, 2011
AHMED ALI M. SHAIKH, J
Said Muhammad Khan for Applicant. Muhammad Iqbal Awan, A.P.G. Sindh for the State
Bail Application No. 217 of 2011, decided on 23rd February, 2011
AHMED ALI M. SHAIKH, J
Said Muhammad Khan for Applicant. Muhammad Iqbal Awan, A.P.G. Sindh for the State
WAJID--Applicant
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)-Penal Code (XLV of 1860), S.324/34---Attempt to commit qatl-e-amd---Bail, grant of---Further inquiry---Name of accused, no doubt appeared in the F.I.R. as one of the culprits who launched murderous assault at the complainant party, but no specific role was attributed to the accused---Prosecution witnesses did not implicate accused as one of the assailants in their respective statement under S.161, Cr.P.C.---Counter versions of the same incident, one given by the complainant and other by accused---Case of counter versions arising from the same incident, one given by the complainant in the F.I.R. and other by opposite party, was covered for grant of bail on the ground of further inquiry as contemplated under S.497(2), Cr.P.C. for the reason that question as to which version was correct was to be decided by the Trial Court which was supposed to record evidence; and also appraise the same in order to come to a final conclusion in that regard---Case of accused requiring further inquiry, accused was released to bail, in circumstances. Shoaib Mehmood Butt v. Iftikhar-ul-Haq 1996 SCMR 1845 ref. ORDER AHMED ALI M. SHAIKH, J.---Applicant Wajid has been booked in Crime No.228 of 2010 registered at Police Station Malir Cantt. for offence under sections 324/34, P.P.C. 2. The contents of the prosecution case in nutshell are that on 11-12-2010 at 5 p.m. accused Saeed Khan and his two sons namely Wajid and Sajid alias Sani and their relative Waqas were standing in front of door of the complainant Necklase. They were knocking the door of his house by kicking and using filthy language. During such commotion, Mst. Parveen, mother of the complainant, his brother Haroon alias Moon emerged out from their house following which accused Saeed Khan and his two sons started firing upon them resultantly Mst. Parveen, Haroon alias Moon and Raheel received injuries. Such F.I.R. was registered on the very same day. 3. It is, inter alia, contended that the applicant is innocent and has nothing to do with the alleged offence; there is general allegation against all the male members of the applicant's family and no specific role is attributed…
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