Case Details

Citation(s)
2021 SLG 1295 2021 SLD 1295 2021 MLD 1176
Sindh High Court, Larkana Bench
1st Criminal Bail Applications Nos. S423 and S577 of 2018, decided on 14th November, 2019, Date of hearing: 14th November, 2019.
KHADIM HUSSAIN M. SHAIKH, JUSTICE
Safdar Ali G. Bhutto for Applicant (in Criminal Bail Application No.S423 of 2018). Jehangir Rahujo for Application (in Criminal Bail Application No.S577 of 2018). Athar Abbas Solangi for the Complainant. Aitbar Ali Bullo, DPG for the State.

MEER HASSAN LEGHARI

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,148,149

(a) Criminal Procedure Code (V of 1898) S.497Penal Code (XLV of 1860), Ss.302, 148 149Qatiliamd, rioting armed with deadly weapon, unlawful assemblyBail, refusal ofAccused was charged that he along with his coaccused duly armed with deadly weapon committed murder of the uncle of the complainant by firingRecord showed that specific role of firing at deceased was attributed to accused, which hit deceasedMedical evidence was in line with the ocular account, as the postmortem report reflected that deceased had firearm injuries on his vital parts of body i.e. his left eye and head and his entire mouth was broken into piecesRecovery of empties form the place of occurrence was effected and vehicle used in the commission of offence by the accused was also recoveredEarlier, bail applications of both the accused were dismissed on merits by the Trial Court but they did not challenge that order and then both of them repeated their second bail applications separately before the Trial Court without any fresh groundEven, the fact of dismissal of bail application on merits earlier filed by accused had not been mentioned in the certificate annexed to the bail application, which was against the directions of the Supreme CourtAfter framing of charge complainant and prosecution witnesses repeatedly appeared before the Trial Court, but the matter was adjourned time and again due to absence of counsel for the accusedAccused were not entitled to the grant of concession of bail in such peculiar circumstancesBail applications were dismissed accordingly. Nazir Ahmed v. The State PLD 2014 SC 241 rel. (b) Criminal Procedure Code (V of 1898) S.497BailTentative assessmentScopeObservations, if any, made in the bail order were tentative in nature only for the purpose of deciding bail applications, which shall not, in any manner, influence the Trial Court at the time of final decision of the case. ORDER KHADIM HUSSAIN M. SHAIKH, J. This single order will dispose of both the captioned bail applications, which arise out of the same Crime No.16 of 2009 registered at Police Station Sehwan, District Jamshoro, for offence under Sections 302, 148, 149, P.P.C., whereby applicants Meer Hassan son of…
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