| Citation(s) |
|---|
| 2013 SLG 2748 2013 SLD 2748 2013 YLR 1886 |
Sindh High Court
Criminal Bail Application No. S-350 of 2012, decided on 14th December, 2012
NAIMATULLAH PHULPOTO, J
Nisar Ahmed G. Abro for Applicants. Imtiaz Ahmed Shahani for the State. Muhammad Saleem Jessar for the Complainant
Criminal Bail Application No. S-350 of 2012, decided on 14th December, 2012
NAIMATULLAH PHULPOTO, J
Nisar Ahmed G. Abro for Applicants. Imtiaz Ahmed Shahani for the State. Muhammad Saleem Jessar for the Complainant
ARZ MUHAMMAD and anothers
VS
The STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 337-A(i), 337-A(ii), 337-F(i), 504, 506(2), 147, 148 & 149---Shajjah-i-khafifah, shajjah-i-mudihah, ghayr-jaifah (damiyah), intentional insult with intent to provoke breach of peace criminal intimidation, rioting, rioting armed with deadly weapons, unlawful assembly---Bail, grant of---Further inquiry---General allegations---Investigation complete---Challan already submitted---Effect---Accused and co-accused were alleged to have caused stick blows to the complainant side during the occurrence---Allegations against accused and co-accused were general in nature, and their vicarious liability was yet to be determined at trial---Investigation against accused and co-accused was complete and they were no more required for further investigation---Challan had already been submitted in court---Accused and co-accused were behind bars since the last 8 months---Case was one of further inquiry---Accused and co-accused were admitted to bail in circumstances. ORDER NAIMATULLAH PHULPOTO, J.---Applicants/accused Arz Muhammad and Baqa Muhammad, both sons of Karamullah, by caste Noonari, seek bail in Crime No.55 of 2012, registered against the accused at Police Station Thul on 20-4-2012, for offences under sections 337-A(i), -A(ii), -F(i), 506/2, 147, 148, 149, 504, P.P.C. 2 Brief facts of the prosecution case as disclosed in the F.I.R are that prior to this incident accused Fida Hussain and others had kidnapped Mst. Shahida, the sister of the complainant, such case was registered at Police Station Thul. On the day of incident complainant along with his brother Khalid Hussain, father Muhammad Mithal and uncle Hakim Ali were returning back from Thul after completing the work. At 6-30 p.m., they reached at Link road near village Warisdino, seven accused persons appeared there, they were identified to be (1) Muhammad Hassan, armed with gun, (2) Fida Hussain, (3) Saddam Hussain, (4) Shah Muhammad, (5) Arz Muhammad, (6) Baqa Muhammad, all sons of Karamullah, by caste Noonari, all five armed with lathies, and one unidentified accused. Complainant has stated that accused Fida Hussain abused to the…
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