| Citation(s) |
|---|
| 2017 SLG 2455 2017 SLD 2455 2017 YLR 1739 |
Sindh High Court
Crl. Misc. Appln. No. S-119 of 2015, decision & hearing Dated: 26-9-2016.
MUHAMMAD IQBAL MAHAR, JUSTICE
Mazhar Ali Bhutto for Applicant. Athar Abbas Solangi for
Respondent No. 1. Sardar Ali Shah, A.P.G. for the State.
Crl. Misc. Appln. No. S-119 of 2015, decision & hearing Dated: 26-9-2016.
MUHAMMAD IQBAL MAHAR, JUSTICE
Mazhar Ali Bhutto for Applicant. Athar Abbas Solangi for
Respondent No. 1. Sardar Ali Shah, A.P.G. for the State.
ABDUL MAJEED
VS
SYED SHAHID HUSSAIN SHAH AND ANOTHER
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 337-H(2), 114, 147, 148, 149 & 504---Qatl-i-amd, rash or negligent act, abettor present when offence committed, roiting armed with deadly weapons, intentionally insult with intent to provoke breach of peace---Bail, grant of---Allegation against accused was that he had instigated others to kill the complainant, though he was armed with repeater but did not cause any injury to deceased or any prosecution witness---Case of prosecution was that complainant party had gone to the place of accused party where alleged offence took place---Question of pre-planning would not arise---Bail was rightly granted to the accused by the Trial Court---Petition for cancellation of bail was dismissed in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss. 302, 337-H(2), 114, 147, 148, 149 & 504---Qatl-i-amd, rash or negligent act, abettor present when offence committed, roiting armed with deadly weapons, intentionally insult with intent to provoke breach of peace---Bail, grant of---Bail granting order could be cancelled in case there was likelihood of absconsion of accused, apprehension of tampering with the prosecution evidence by accused or misusing the concession of bail---No such allegation against accused was asserted by the prosecution---Petition for cancellation of bail was dismissed in circumstances. Syed Muhammad Firdos and others v. The State 2005 SCMR 784 rel. Mst. Shafeen Akhtar v. Malik Mumraiz and others 2014 PCr.LJ 1415 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, JUSTICE:---.--- Through instant Crl. Misc. Application the applicant/complainant seeks cancellation of pre-arrest bail granted to respondent No. 1 by learned Sessions Judge Larkana vide order dated 13.8.2015, in Crime No. 124/2015 of Police Station Ratodero under sections 302, 337-H(2), 114, 147, 148, 149, 504, P.P.C. The-relevant facts of the case are that on 25.7.2015 Ansar Ali, the son of complainant and Sibtain Shah had exchanged harsh words, but Sibtain Shah had issued threats to Ansar Ali that he would face the consequences. On the same day…
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