| Citation(s) |
|---|
| 2012 SLG 2724 2012 SLD 2724 2012 YLR 2942 |
Sindh High Court
Criminal Bail Application No. D-826 of 2011, decided on 16th August, 2012
RIAZAT ALI SAHAR AND MUNIB AKHTAR, JJ
Aijaz Shaikh for Applicant. Syed Meeral Shah, U.P.G. for the State
Criminal Bail Application No. D-826 of 2011, decided on 16th August, 2012
RIAZAT ALI SAHAR AND MUNIB AKHTAR, JJ
Aijaz Shaikh for Applicant. Syed Meeral Shah, U.P.G. for the State
JEHANGIR
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 898)-- ----S.497(2)---Penal Code (XLV of 1860), Ss. 302/ 324/ 353/ 147/ 148/ 149---Anti-Terrorism Act (XXVII of 1997), Ss.6 & 7--- Qatl-e-amd, attempt to commit qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, rioting armed with deadly weapons, unlawful assembly, acts of terrorism---Bail, grant of---Further inquiry---Accused and. co-accused persons were alleged to have fired at a police party which resulted in the death of a police official---Accused was implicated in the case on the basis of identification parade and recovery of weapon---Name of accused did not transpire in the F.I.R.-Identification parade was delayed by about 6 days, which had not been accounted for by the prosecution---During identification parade accused raised the objection that witnesses had seen him many times at the police station during his remand---Such objection of accused was noticed by the Magistrate, therefore, possibility of accused having been shown to the prosecution witnesses before conducting of identification parade could not be ruled out---Weapon was allegedly recovered from accused after about 3 months of the incident and after 7 days of his arrest on his pointation---Recovery of weapon from accused was also doubtful because the F.I.R. showed that all accused persons were armed with Kalashnikovs but weapon allegedly recovered from accused was a pistol- -Challan had been submitted against accused and he was no more required for further investigation---Case against accused required further inquiry and he was allowed bail accordingly. ORDER RIAZAT ALI SAHAR, J.---Applicant Jehangir son of Muhammad Bux alias Hakim has been involved in Crime No.236 of 2010 of Police Station, Tando Jam for offences punishable under sections 302, 324, 353, 147, 148, 149, P.P.C. and 6/7 ATA 1997. 2. The relevant facts of the prosecution case are that on 5-11-2010 at 1500 hours complainant S.H.O./SIP Khalid Hussain Memon had lodged F.I.R. with Police Station, Tando Jain. According to F.I.R., on.4-11-2010 at about 2130 hours police party headed by complainant was on patrolling, when they reached at Tando Qaiser Chowk…
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