| Citation(s) |
|---|
| 2016 SLG 3933 2016 SLD 3933 2016 YLR 2305 |
Sindh High Court
Cr. Bail Application No. S-43 of 2015, decided on 26th October, 2015.
NAIMATULLAH PHULPOTO, JUSTICE
Gulzar Ali Soomro for Applicant along with Applicant. Ishrat Ali Lohar for the Complainant. Shahid Shaikh, A.P.G. for the State.
Cr. Bail Application No. S-43 of 2015, decided on 26th October, 2015.
NAIMATULLAH PHULPOTO, JUSTICE
Gulzar Ali Soomro for Applicant along with Applicant. Ishrat Ali Lohar for the Complainant. Shahid Shaikh, A.P.G. for the State.
ISMAIL--Applicant
VS
. THE STATE--Respondent
Law:
Section:
(a) Criminal Procedure Code (V of 1898)----- -----Ss. 498 & 497-----Penal Code (XLV of 1860), Ss. 324, 452, 337-D, 114, 504, 147, 148 & 149-----Attempt to commit qatl-i-amd, house trespass after preparation for hurt, assault or wrongful restraint, Jaifah, abetment, intentional assault with intent to provoke breach of peace, rioting, armed with deadly weapon and common intention-----Pre-arrest bail, cancellation of-----Accused, as described in the FIR, had trespassed into the house of the complainant after making preparation for hurt and was armed with repeater-----Accused persons had fired upon the complainant, causing six firearm injuries on his body-----Report of the Medical Board had declared one of the injuries as Itlaf-i-Salahayat udw-----Delay in lodging of the FIR had been sufficiently explained-----Ingredients for grant of pre-arrest bail were missing in the present case-----Co-accused was absconding-----Prima facie, ample evidence was available on the record to connect the accused with the commission of the offences-----No mala fide, either on part of the complainant or the Investigation Officer, had been pointed out-----Offences in question fell within the ambit of prohibitory clause of S. 497, Cr.P.C.-----Pre-arrest bail already granted to the accused was recalled accordingly. Riaz Ahmed v. The State 2009 SCMR 725 rel. (b) Criminal Procedure Code (V of 1898)----- -----S. 497----- Bail----- Deeper appreciation of evidence is not warranted at bail stage. THIS ORDER PASSED BY: NAIMATULLAH PHULPOTO, JUSTICE:----------- Applicant/accused Ismail son of Anwar Khan @ Ghanwar seeks pre-arrest bail in Crime No.149/2014 registered at Police Station B-Section, Dadu under sections 324, 452, 337-D, 114, 504, 147, 148, 149, P.P.C. 2. Brief facts of the prosecution case as disclosed in the FIR are that on 23.11.2014 one Toufique Ahmed appeared at Police Station and lodged FIR, alleging therein that on 07.10.2014 he along with his father Din Muhammad, uncle Abdullah and other family members was present in the house. At about 6-15 p.m, it is alleged that accused persons namely 1. Saddam armed with repeater, 2. Noor Ahmed alias Jani armed with hatchet, 3. Momin…
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