| Citation(s) |
|---|
| 1973 SLG 385 1973 SLD 385 1973 PCRLJ 582 |
Sindh High Court
Criminal Miscellaneous Application No. 39 of 1972, 17th July, 1972
TUFAIL A. RAHMAN, C.J
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Criminal Miscellaneous Application No. 39 of 1972, 17th July, 1972
TUFAIL A. RAHMAN, C.J
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Ch. Muhammad Anwar
VS
Bahadur And 2 Others
Law:
Section:
Keywords: Procedure, Office, Custody, Place, Evidence, Notices, Parties, Dying, Order, Prosecution, Magistrate, Cancellation Of Bail, Cancellation Result: Application allowed JUDGMENT This application for cancellation of bail was filed in this Court on 31-1-1972 but it seems that it was not possible to serve the respondents and the case has not, therefore, yet been heard in this Court. It came up before me on the 3rd of July 1972, when I ordered fresh notices to issue. These notices have since been issued and served and the learned Additional Sessions Judge has certified that the respondents have been duly served. The case of the prosecution is that the applicant, one Choudhry Mohammad Anwar, was required to appear on the 15th of July 1971, along with his brothers Latif and Ghulam Ali and his sons Muhammad Aslam and Muhammad Akram, as accused persons in the Court of Civil Judge 8c Ist Class Magistrate, Nawabshah and they did accordingly appear on that date at 8-30 a. m. But were directed to re-appear at 11 a.m. Accordingly they went away and came back to the Court a little before 11-00 a. m. And saw the jeep of one Abdul Majid Dahri at the corner of the Office of the Sub-Registrar which apparently is very near the Court and from this jeep six persons who were named in the F. I. R. That was subsequently lodged and which included the present two respondents, came out armed with guns. The gunshots were fired, one of them being by Raham Ali, which struck the applicant in this case and from amongst his party hi: brother Latif was also injured. Immediately adjoining the court room is the police station and from this police station soave police officers and constables came of whom one particularly is important, namely, Inspector Mahmood. A number of eye-witnesses are mentioned in the F. I. R. Including this Inspector and it is the prosecution case that the Inspector named three persons, namely. Raham Ali whom I have mentioned and the two respondents before me, namely, Bahadur and Ikhtiar. An application for bail was, made before the learned Additional Sessions Judge who refused bail to Raham Ali but granted bail to the other two. It seems that the main point of…
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