Case Details

Citation(s)
2012 SLG 2361 2012 SLD 2361 2012 YLR 1421
Sindh High Court
Criminal Bail Application No. S-407 of 2011, decided on 17th October, 2011
MUHAMMAD TASNIM, J
Ghulamullah Chang for Applicant. Shahzada Saleem Nahyoon, A.P.G. for the State

ZULFIQAR alias BADNA

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss. 302/34---Qatl-e-amd---Bail, grant of---Further inquiry---Previous enmity---False implication---Neither any overt act had been assigned to the accused nor any recovery had been effected from him---Deceased, in the past had lodged an F.I.R. in which co-accused was implicated as accused and, in circumstances, false implication of the accused could not be ruled out---Accused in the present case had been implicated under section 34 P.P.C and without recording of evidence it could not be decided whether he had any common intention to commit the offence with the co-accused---Accused had successfully made out a case for further inquiry in terms of section 497(2) Cr.P.C, and accordingly was admitted to bail. ORDER MUHAMMAD TASNIM, J.---Applicant is booked in Crime No.316 of 2010, under section 302, 34 P.P.C. of Police Station Sanghar. Applicant initially applied for bail before the learned Additional Sessions Judge, Sanghar who dismissed the bail application per order dated 10th May, 2011. Against the aforesaid order, present bail application has been filed. Facts as set out in the F.I.R. are that complainant Din Muhammad received an information from Karim Bux that Abdul Rehman has received fire arm injury. Accordingly, complainant along with Naseer Brohi and son Asif on a car reached at the spot where police also reached. The complainant saw that Abdul Rehman had sustained fire arm injury on backside and substantial blood had oozed from his injury. It is further claimed that Abdul Rehman at that time was dead and his dead body was taken to the Hospital, thereafter F.I.R. was lodged. Learned counsel for the applicant in support of his bail application has submitted that no overt act has been assigned to the present applicant who was simply riding the motorcycle. He further says that applicant along with co-accused Ghulam Rasool has been booked in a Crime due to previous enmity with the complainant party as deceased Abdul Rehman had lodged Crime No.27 of 2008 under sections 324, 427, 109, 147, 148, 149 and 504 P.P.C. Learned counsel further says that neither any role has been assigned to…
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