| Citation(s) |
|---|
| 2016 SLG 3120 2016 SLD 3120 2016 MLD 886 |
Sindh High Court
Criminal Bail Application No. S-1010 of 2015, decided on 11th December, 2015. Date of hearing: 11th December, 2015.
AFTAB AHMED GORAR, JUSTICE
Ghulamullah Chang for Applicant. Syed Meeral Shah Deputy Prosecutor General for
Respondent. Shaikh Jawaid Ali for the Complainant.
Criminal Bail Application No. S-1010 of 2015, decided on 11th December, 2015. Date of hearing: 11th December, 2015.
AFTAB AHMED GORAR, JUSTICE
Ghulamullah Chang for Applicant. Syed Meeral Shah Deputy Prosecutor General for
Respondent. Shaikh Jawaid Ali for the Complainant.
NAZAR MUHAMMAD - --Applicant
VS
The STATE - --Respondent
Law:
Section:
Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Penal Code (XLV of 1860), Ss.302, 324, 504 & 34 --------- Qatl-i-amd, attempt to commit qatl-i-amd, intentional insult with intent to provoke breach of the peace, common intention --------- Bail, grant of --------- Further inquiry --------- Person who was involved in offence falling under prohibitory clause of S.497, Cr.P.C., could not be granted bail, if there were sufficient grounds to establish his connection with commission of offence, however, when role attributed against accused called for further inquiry into his guilt, he could be granted bail on ground of further inquiry --------- In the present case, accused had been shown to be present at the spot but he had not been assigned any active role in commission of crime --------- No injury upon deceased was attributed against accused and his alleged unarmed presence at the scene would reflect, prima facie, that his sharing vicarious liability with main accused was a question which could be determined by Trial Court during trial --------- Bail could not be withheld as a punishment and there was no legal or moral compulsion to keep people in jail merely due to allegation that they were involved in offences punishable with death or imprisonment for life unless reasonable grounds appeared to exist to disclose their complicity --------- Ultimate conviction and incarceration of a guilty person could repair wrong caused by mistaken relief of bail granted to him but no satisfactory reparation could be offered to an innocent person for his unjustified incarceration at any stage of case albeit his acquittal in the long run --------- Bail was granted, accordingly. 2012 SCMR 662 and 2014 SCMR 27 rel. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---------- Through this criminal bail application, applicant Nazar Muhammad seeks post arrest bail in Crime No. 04/2015 of Police Station Jhol, District Sanghar for the offence under sections 302, 324, 504, 34 P.P.C. Earlier bail plea of the applicant has been turned down by the learned 15t Additional Sessions Judge, Sanghar vide order dated 13,07.2015. 2. Allegation against the applicant is that…
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