| Citation(s) |
|---|
| 2013 SLG 2077 2013 SLD 2077 2013 YLR 203 |
Sindh High Court
Criminal Bail Applications Nos. 170 and 458 of 2011, heard on 10th October, 2011
SHAHID ANWAR BAJWA, J
Muhammad Iqbal Memon for Applicants. Shyam Lal, Assistant Prosecutor General for the State
Criminal Bail Applications Nos. 170 and 458 of 2011, heard on 10th October, 2011
SHAHID ANWAR BAJWA, J
Muhammad Iqbal Memon for Applicants. Shyam Lal, Assistant Prosecutor General for the State
LOUNG and anothers
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.302/353/224/225/147/148---Qatl-e-amd, assault on public servant, resistance to lawful apprehension---Pre-arrest bail, grant of---Accused having his case similar to that of co-accused already granted bail by Trial Court, prosecution did not oppose grant of bail to him---Other accused had allegedly given kick blows on the jaw of a Police Official---According to medical evidence there were only two abrasions measuring 1 cm each on the chin of the said Police Official---Interim pre-arrest bail granted to accused was confirmed in circumstances. Arshad v. State 1999 PCrLJ 611; Meeran Bux v. State PLD 1989 SC 347 and Shafi Muhammad v. State 1990 PCrLJ 1157 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/353/224/225/147/148---Qatl-e-amd, assault on public servant, resistance to lawful apprehension---Bail, grant of---Accused was alleged to have given a "Lathi" blow to a Police Official---Five police personnel duly armed had gone to arrest two persons and none of them had used any force to prevent the alleged attack---According to F.I.R. only shirts of the Police Officers were torn by co-accused---No firearm was stated to have been snatched by any of the accused---Even no grappling by the Police Officers with the unarmed accused persons was mentioned---Such absolute inaction, rather imbecility, on the part of the Police had created doubt---Accused was admitted to bail in circumstances. Arshad v. State 1999 PCr.LJ 611; Meeran Bux v. State PLD 1989 SC 347 and Shafi Muhammad v. State 1990 PCr.LJ 1157 ref. ORDER SHAHID ANWAR BAJWA, J.---F.I.R. No.227 of 2010 was recorded at Police Station, Bhiria City, on 25-12-2010 for an incident alleged to have taken place earlier that day. Complainant was LPC Ghulam Rasool Khoso of Police Station, Fareed Dero. Complainant stated that he was 'Naib Moharar' at Police Station, Fareed Dero and he along with SIP Roshan Ali Khokhar SIO of that police station and a police constable duly armed went for investigation of an offence under section 489-F, P.P.C. and on the way they came to know that the wanted accused…
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