Case Details

Citation(s)
2012 SLG 2572 2012 SLD 2572 2012 YLR 2389
Sindh High Court
Criminal Bail Application No. S-181 of 2011, decided on 19th July, 2011
SHAHID ANWAR BAJWA, J
Aftab Ahmed Gorar for Applicant. Ameer Ahmed Narejo, State Counsel

NABI BUX

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302, 114 & 337-N(2)---Qatl-e-amd, causing hurt by rash or negligent act---Bail, refusal of---Contention of counsel for accused that no specific role was assigned to him, did not appear to be correct because in the F.I.R. it was clearly stated that accused had fired on the deceased---Previous enmity was always a double-edged sword which cuts both ways---Four empties had been recovered from the spot and three injuries were found on the dead body of the deceased---Pistol had been recovered at the pointation of accused-All said facts were sufficient to prima facie connect accused with offence alleged against him---Bail application was dismiss­sed, in circumstances. ORDER SHAHID ANWAR BAJWA, J.---F.I.R. No.192 of 2010 was recorded at Police Station - Kamber on 17-6-2010. Complainant was one Muhammad Peeral. He stated that about 25/26 years ago one Ghulam Haider son of Sarang had been killed by thieves but family of the deceased suspected brother of the complainant Nawab Khan Mugheri. He stated that on the day of incident, he and his brother, deceased Gulzar Ali came to Kamber on motorcycle and on the way he met with three relatives. While they were there, he saw four persons including the present applicant all armed with T.T pistols, coming towards them. Proverbial hakal was given. Co-accused Khadim fired upon Gulzar which hit him on his cheek near left ear, and the present applicant as well as two other co-accused also fired upon Gulzar Ali and he fell down while raising cries. The accused persons after resorting to ariel firing fled away. Gulzar was found dead. Learned counsel, for the applicant submitted that there are only general allegations with no specific role assigned to the applicant. He further submitted that in the F.I.R. it is alleged that incident took place at. 0845 hours and the F.I.R. was lodged at 0915 hours but in the postmortem report it is stated that dead body was received at .0850 hours and the F.I.R. number is written in the postmortem report. Learned counsel next submitted that I.O. visited place of wardat at 3-35 p.m. and stated that dead body was lying at…
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