| Citation(s) |
|---|
| 2021 SLG 1178 2021 SLD 1178 2021 CLC 444 |
Sindh High Court
Criminal Miscellaneous Application No. S-196 of 2019, decided on 11th May, 2020.
IRSHAD ALI SHAH, JUSTICE
Safdar Ali Ghouri for Applicant. Athar Abbas Solangi for Private
Respondent. Muhammad Noorani, D.P.G. for the State.
Criminal Miscellaneous Application No. S-196 of 2019, decided on 11th May, 2020.
IRSHAD ALI SHAH, JUSTICE
Safdar Ali Ghouri for Applicant. Athar Abbas Solangi for Private
Respondent. Muhammad Noorani, D.P.G. for the State.
WAHEED ALI
VS
SYED ALI TAQI SHAH AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497(5)
Law: Penal Code (XLV of 1860)
Section: 302,120-B,34
Criminal Procedure Code (V of 1898)--- ----S.497(5)---Penal Code (XLV of 1860), Ss. 302, 120-B 34---Qatl-i-amd---Petition for cancellation of bail, dismissal of---Allegation against the private respondent with rest of culprits was that they, after having formed an unlawful assembly and in prosecution of their common object, committed murder of the deceased by causing him dagger injuries---No doubt, the private respondent was named in the FIR with specific role of causing dagger injury to deceased but there was no denial to the fact that he was found to be innocent by the police---Consequently, he was placed in column No.2 of the charge sheet was granted bail by trial Judge on point of further inquiry and such inquiry had yet to commence in shape of trial had never misused the concession of bail at trial---Principles for grant and cancellation of bail were totally different---Criminal miscellaneous application was dismissed accordingly. Sardar Munir Ahmed Dogar v. The State 2005 Cr.LJ 23 and Ehsan Akbar v. The State and 2 others 2007 SCMR 482 ref. Meeran Bux v. The State and another PLD 1989 SC 347 ref. ORDER IRSHAD ALI SHAH, J.- It is alleged that the private respondent with rest of culprits, after having formed an unlawful assembly and in prosecution of their common object, committed Qatl-e-Amd of Saeed Ahmed, by causing him dagger injuries, for that the present case was registered. On investigation, the private respondent was found to be innocent, consequently, his name was placed in Column No.2 of the charge sheet, he was joined in trial by learned trial Magistrate, subsequently, he was admitted to bail by learned 5th Additional Sessions Judge, Larkana and the same now has been sought to be cancelled by the applicant/complainant by way of instant Criminal Miscellaneous Application under section 497(5), Cr.P.C. 2. It is contended by learned counsel for the applicant/complainant that the private respondent was nominated in the FIR with specific role of causing dagger injury to the deceased, he was let off by the police, on the basis of dishonest investigation and was joined in trial by learned trial Magistrate, therefore, learned trial Judge ought not to have…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492