| Citation(s) |
|---|
| 2026 SLG 1735 2026 SLD 1735 = 2026 PLJ 64 |
Sindh High Court, Hyderabad Bench
Crl. B. Appln. No. S-869 of 2019, decided on 28.10.2019.
Presented By: Amjad Ali Sahito, J.
Mr. Abdul Majeed Magsi, Advocate and Mr. Dad Muhammad Magsi, Advocate for Applicant. Mr. Shahzad Ahmed Mallah, Advocate for Complainant. Ms. Safa Hisbani, Assistant Prosecutor General, Sindh for
Respondent. Date of hearing: 28.10.2019.
Crl. B. Appln. No. S-869 of 2019, decided on 28.10.2019.
Presented By: Amjad Ali Sahito, J.
Mr. Abdul Majeed Magsi, Advocate and Mr. Dad Muhammad Magsi, Advocate for Applicant. Mr. Shahzad Ahmed Mallah, Advocate for Complainant. Ms. Safa Hisbani, Assistant Prosecutor General, Sindh for
Respondent. Date of hearing: 28.10.2019.
ABDUL JABBAR--Applicant
VERSUS
STATE--Respondent
Law: Criminal Procedure Code, 1898
Section: 497(2)
Law: Pakistan Penal Code, 1860
Section: 302, 324, 34
PLJ 2026 Cr.C. (Note) 64 [Sindh High Court, Circuit Court Hyderabad] Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302, 324, 34--Post-arrest bail, grant of--Further inquiry--Allegation of--Murder--From perusal of F.I.R. it appears that five persons boarded on two motorcycles came at place of incident out of them three persons having pistol, present applicant having pistol and “Applicant” driving motorcycle whereas on another Motorcycle “accused” having pistol and one unidentified person fired upon deceased so also injured resultantly deceased died and “injured” received injury but no specific role has been assigned against present applicant/accused--PW in his 164, Cr.P.C. statement recorded before Magistrate has disclosed that on day of incident present applicant and accused straightly fired upon injured which hit on his leg which is non-vital part of his (injured body--Further, complainant party admitted enmity existed between parties, at this stage allegedly false implication of applicant/ accused cannot be ruled out; he is in jail since his arrest, hence no more required for further investigation--Bail allowed. [Para 6] A 2012 MLD 377 (Sindh). Order Through instant bail application, the applicant/accused above named seeks his post-arrest bail in Crime No. 140 of 2019, under Sections 302, 324, 34, P.P.C. registered at P.S. Tando Mohammad Khan, after his bail plea was declined by the learned Sessions Judge, Tando Muhammad Khan, vide his order dated 24-08-2019. 2. The details and particulars of the F.I.R. are already available in the bail application and F.I.R., same could be gathered from the copy of F.I.R. attached with such application, hence needs not to reproduce the same hereunder. 3. Learned…