Case Details

Citation(s)
2013 SLG 2887 2013 SLD 2887 2013 YLR 2534
Sindh High Court
Bail Application No. 55 of 2013, decided on 1st June, 2013. dates of hearing: 18th, 20th and 25th May, 2013
AQEEL AHMED ABBASI, J
Farhad Khan for Applicant. Ali Gohar Masroof for the Complainant. Abrar Ali Khidhi, A.P.G. for the State

ABDUL RAHIM

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd, common intention--Bail, grant of---Further inquiry---Case of cross-version F.I.Rs.---Two F.I.Rs. for the same incident had been registered on the same date by both the accused and complainant party, wherein two different versions had been stated---Complainant side had already been granted bail for the F.I.R. registered against them on the grounds that it was a case of counter versions of the same incident, and it was yet to be determined as to which party was aggressor and which party had been aggressed upon---No specific role had been assigned to accused in the F.I.R. nor he committed any overt act to cause any injury to the deceased, who reportedly died after receiving firearm injuries caused by co-accused---No recovery whatsoever had been effected from accused---Accused himself received firearm injuries during the alleged incident---Regarding common intention of accused to commit the offence, the same could be determined at trial keeping in view material available on record and evidence produced before the Trial Court---Present case was one of further inquiry---Accused was granted bail in circumstances. Naimat Khan v. The State 2010 PCr.LJ 964; Shoaib Mehmood Butt v. Iftikhar-ul-Haq 1996 SCMR 1845 and Mehmood Akhtar and another v. Haji Nazir Ahmad and 4 others 1995 SCMR 310 rel. ORDER AQEEL AHMED ABBASI, J.---Being aggrieved and dissatisfied with the order dated 4-12-2012 passed by the learned Vth Additional Sessions Judge, Karachi West in Bail Application No.1318 of 2012, Crime No. 226/2012 under section 302/34, P.P.C. registered at Police Station Docks, Karachi, whereby bail application of the applicant Abdul Rahim was dismissed, the applicant has filed instant bail application under section 497, Cr.P.C. seeking his release on bail subject to furnishing surety. 2. Brief facts as stated in the F.I.R. are as under:-- "That on 9-9-2012, mortuary Civil Hospital Karachi at 1250 hours, statement under section 154 Cr.P.C. from Hassan Muhammad son of Noor Muhammad resident of address given in Column 2 of the F.I.R stated as under:-- "That I am residing along…
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