Case Details

Citation(s)
2015 SLG 1552 2015 SLD 1552 2015 MLD 454
Sindh High Court
Bail Application No.711 of 2014, decision dated: 12-06-2014
SHAHAB SARKI, J
Syed Lal Hussain Shah for Applicant. Shahzado Saleem, A.P.G. and SIP Rafiq Ahmed of Police Station Eidgah for the State.

JAWWAD JAN---Applicant

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss.324, 147, 148 & 149---Attempt to qatl-i-amd and rioting armed with deadly weapons---Bail, grant of---Principle of consistency---Case of further inquiry---Accused was in custody and his co-accused had been granted bail by court---Effect---When in F.I.R. a similar role of general nature had been assigned to all accused then grant of bail was an entitlement of all accused and not just co-accused---Being, difficult at bail stage to distinguish case of accused from his co-accused persons, therefore, present case was a case of further inquiry---Bail was allowed in circumstances. 1979 SCMR 9; 1996 SCMR 978 and 2014 PCr.LJ 261 ref. ORDER SHAHAB SAKRI, J.---This bail application arises out of F.I.R. No.121 of 2014 under sections 147, 148, 149, 324, P.P.C. of Police Station Eidgah, Karachi. Brief facts of the case as narrated in the F.I.R. are the statement of complainant Mumtaz-ur-Rehman was recorded under section 143, Cr.P.C. and was incorporated in the F.I.R. stating therein that he is student of Final Masters in Urdu University. On 26-3-2014, he along with his colleagues namely Ishtiaq, Kamran, Sajid and Shabbir were proceeding to attend a program at Arts Council, when at about 11-30 a.m. they came out from the gate of Wafaqi Urdu University, Karachi suddenly Jawad, his brother Fawwad, Saqib and Adeel along with three other companions, to whom the complainant knows by face, who belong to A.T.I. duly armed with fire arm weapons emerged out there and with intention to kill them started firing, as a result complainant received bullet injury on right thigh, Ishtaiq received injury on right knee, Kamran received injury on left side of chest and Sajid received injuries on abdomen. Thereafter the culprits fled away from there. The complainant and injured were taken to Civil Hospital for treatment. Hence the F.I.R. was lodged. All the four accused preferred bail application before IInd Additional Sessions Judge, Karachi South and…
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