Case Details

Citation(s)
2015 SLG 2162 2015 SLD 2162 2015 YLR 1746
Sindh High Court
Criminal Bail Application No. 89 of 2014, decided on 5th August, 2014
MUHAMMAD IQBAL KALHORO, J
Ghulam Nabi Chadhar for Applicants. Syed Sardar Ali Shah, A.P.G. for the State

SOOBAL and another--Applicants

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497 (2)---Penal Code (XLV of 1860), S.302---Qatl-i-Amd---Bail, grant of---Case of further inquiry---Spy information---Accused persons were arrested on a spy information for committing murder of two persons including daughter of one of the accused and then causing dis-appearance of their dead bodies---Validity---Deeper appreciation into merits of case could not be undertaken at bail stage and only a tentative assessment of material available was to be made just to find out as to whether there were sufficient grounds available with prosecution to establish involvement of accused in commission of offence or not---Prima facie there was no direct evidence available with prosecution against accused persons to connect them with commission of offence---Bail was allowed in circumstances. Sabir Baig v. The State 2012 YLR 1412 and Khaloo alias Abdul Khaliq and another v. The State 2004 PCr.LJ 1839 rel. Imdad Ali and another v. The State 2012 YLR 1719; Muhammad Rafiq v. The State 2012 YLR 2890 and Shah Nawaz v. The State 2009 YLR 2300 ref. ORDER MUHAMMAD IQBAL KALHORO, J.---Through the instant application, the applicants seek post arrest bail in Crime No.21/2013 of Police Station Aandal Sundrani under sections 302, 201, 34, P.P.C. Succinctly the facts as unfolded, in above FIR are that complainant lodged an FIR on 30-12-2013 at 1900 hours on behalf of State, for an offence which is alleged to have taken place on 25-12-2013 at 1700 hours stating therein that vide entry No.S-1000/30-12-2013 he along with his subordinate staff was on patrolling within jurisdiction, when they reached at Nang Wari they received spy information that on 25-2-2013 at about 1900 hours near his house accused Rafique son of Qaisar with K.K had committed the murder of his daughter Mst. Sehat alias Sehjal aged about 17/18 years and accused Sanaullah Sundrani with gun had committed murder of Lal Khan alias Addo Shar aged about 24/25 years on the allegation of "Karap", whereafter, accused Rafique, Sanaullah, Soobal and Khan Muhammad Ghanwar along with two unidentified persons took the dead bodies of both the deceased on bull-cart and thrown them in river for…
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