| Citation(s) |
|---|
| 2018 SLG 547 2018 SLD 547 2018 MLD 482 |
Sindh High Court
Crl. Bail Application 1440 of 2017, decision & hearing Date : 30-10-2017.
AFTAB AHMAD GORAR, JUSTICE
Mustafa Safvi for Applicant. Safiullah for the Complainant. Rahat Ehsan, Addl.P.G. for the State.
Crl. Bail Application 1440 of 2017, decision & hearing Date : 30-10-2017.
AFTAB AHMAD GORAR, JUSTICE
Mustafa Safvi for Applicant. Safiullah for the Complainant. Rahat Ehsan, Addl.P.G. for the State.
SARDAR ALAM
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 324 & 34---Attempt to commit qatl-i-amd, common intention---Bail, refusal of---Accused together with accomplices arrived at the house of complainant and made straight firing; resultantly complainant party sustained injuries---Fire shots were repeated with intention to cause grievous hurt but complainant party had no grievous hurt---Alleged firing was admitted by accused---Five bullets were fired at outer gate of the house of complainant and there was recovery of four pellets and five empty shells of pistol from venue of occurrence---Two accomplices were absconding---Charge had been framed by the Trial Court and case was riped for evidence of prosecution witnesses--Guilt of accused did not come within the domain of subsection (2) of S. 497, Cr.P.C.---Bail was refused accordingly. 2016 YLR 2727; 2009 SCMR 181; 2007 YLR 2818; PLD 2004 SC 477 and 2002 SCMR 1370 ref. 2002 SCMR 1370 rel. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant Sardar Alam son of Muhammad Azeem sought for post arrest bail in Crime No. 275 of 2017, Police Station SITE-A Karachi (West), registered under sections 324 and 34, P.P.C. Earlier the bail plea of the applicant was declined by the learned Court of Session Judge, Karachi West vide order dated 5-8-2017. 2. The sum and substance of the prosecution story as is envisaged in the First Information Report are that on the eventful day co-accused Hussain Alam arrived at the shop of brother of complainant Samiullah and quarreled, meanwhile complainant came out of the Mosque tried to intervene the matter. However; it was about 2:30 p.m., applicants arrived at their house and started firing, in the result thereof complainant sustained fire arm injury at his knee joint, Muhammad Shafique sustained fire arm injuries on right leg, Saeedullah and Samiullah also sustained injuries due to maltreatment; all were shifted to Abbassi Shaheed Hospital by their relatives. 3. Mr. Mustafa Safvi, advocate, representing the applicant contended that applicant is innocent and has been falsely implicated by the complainant with mala fide, intention and ulterior…
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