| Citation(s) |
|---|
| 2016 SLG 2943 2016 SLD 2943 2016 YLR 2609 |
Sindh High Court
Cr. Bail Application No. S-555 of 2015, heard on 11th September, 2015. DATE of hearing: 11th September, 2015.
SHUJAATAH NAWAZ TARIQ, JUSTICE
Miran Bux Shar for Applicant. Ghulam Shabbir Dayo for the Complainant. Syed Sardar Ali Shah, A.P.G. for the State.
Cr. Bail Application No. S-555 of 2015, heard on 11th September, 2015. DATE of hearing: 11th September, 2015.
SHUJAATAH NAWAZ TARIQ, JUSTICE
Miran Bux Shar for Applicant. Ghulam Shabbir Dayo for the Complainant. Syed Sardar Ali Shah, A.P.G. for the State.
MUHAMMAD IBRAHIM
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)---.--- ---.---S. 497---.---Penal Code (XLV of 1860), Ss. 324, 337-H(2), 452, 147, 148 & 149---.---Attempt to qatl-i-amd, rash and negligent act, house trespass and rioting armed with deadly weapons---.---Bail, grant of---.---Fugitive from law---.---Related witnesses---.---Accused committed trespass into the house of complainant with preparation and armed with a pistol and caused firearm injury to victim lady making her permanently disabled---.---Validity---.---Accused disappeared from scene after commission of alleged offence and remained fugitive from law for a considerable time---.---Accused surrendered himself before Court when his brother was granted pre-arrest bail by High Court on the ground that no overt act was attributed to him---.---Incident occurred inside the house of complainant so family members were the witnesses of incident and their testimony could not be discarded merely on the ground of their relationship with complainant who was otherwise trustworthy---.---Accused could not claim concession of bail as a matter of right, even if alleged offence did not fall within prohibitory clause of S. 497, Cr.P.C.---.---Applicant failed to establish case of further inquiry as envisaged in S. 497(2), Cr.P.C.---.---Bail was declined in circumstances. 2010 YLR 2889; 2001 PCr.LJ 125; 2012 YLR 1053; 2010 YLR 737; 2011 YLR 2657; 2001 PCr.LJ 1345; 1994 SCMR 2051; 2011 SCMR 1392; 2008 SCMR 1621; 2004 PCr.LJ 692; 2004 SCMR 772 and 2002 SCMR 442 ref. Muhammad Siddique v. Imtiaz Begum and 2 others 2002 SCMR 445 rel. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.------ Through the captioned criminal bail application, applicant Muhammad Ibrahim, has agitated the order dated 03.06.2015, passed by the Court of learned I-Additional Sessions Judge, Naushehro Feroze, whereby his earlier bail application was declined in Crime No. 256 of 2013, Police Station Naushehro Feroze, for the offence punishable under sections 452, 324, 337-H(2), 147, 148 and 149 P.P.C. 2. Relevant facts as narrated in the FIR are that on the fateful day, the applicant along with his companion trespassed into the house of the complainant and he caused…
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