| Citation(s) |
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| 2026 SLG 1736 2026 SLD 1736 = 2026 PLJ 63 |
Sindh High Court, Hyderabad Bench
Crl. B. Appln. Nos. S-444 & S-445 of 2020, decided on 24.7.2020.
Presented By: Zafar Ahmed Rajput, J.
Mr. Aijaz Ali Magsi, Advocate, Mr. Mushtiaque Magsi Advocate and Mr. Abdul Majeed Magsi, Advocate for Applicant (in Cr. Bail Application No. S-444 of 2020). Mr. Shabeer Hussain Memon, Advocate for Applicants (in Cr. Bail Application No. S-445 of 2020). Ms. Sobia Bhatti, Asst. Prosecutor General, Sindh for State. Date of hearing: 24.7.2020.
Crl. B. Appln. Nos. S-444 & S-445 of 2020, decided on 24.7.2020.
Presented By: Zafar Ahmed Rajput, J.
Mr. Aijaz Ali Magsi, Advocate, Mr. Mushtiaque Magsi Advocate and Mr. Abdul Majeed Magsi, Advocate for Applicant (in Cr. Bail Application No. S-444 of 2020). Mr. Shabeer Hussain Memon, Advocate for Applicants (in Cr. Bail Application No. S-445 of 2020). Ms. Sobia Bhatti, Asst. Prosecutor General, Sindh for State. Date of hearing: 24.7.2020.
NAZEER SHAH--Applicant
VERSUS
STATE--Respondent
Law: Civil Procedure Code, 1908
Section: 497
Law: Pakistan Penal Code, 1860
Section: 324, 353, 147, 148 , 149
PLJ 2026 Cr.C. (Note) 63 [Sindh High Court, Circuit Court Hyderabad] Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 324, 353, 147, 148 & 149--Pre-arrest bail, grant of--Allegation of--Attempt of murder--Manifestly allegations against all applicants are general in nature and ineffective firing is alleged--Admittedly alleged encounter between police and accused continued for about 5 minutes but it is surprising to note hat nobody from either side sustained a single injury nor any scratch to government vehicle is stated--Even no empty has been recovered from spot--Alleged incident had taken place at Otaq of one of accused, which was accessible to general public but police failed to associate any independent person from locality to act as mashir as required under mandatory provision of Section 103, Cr.P.C--All prosecution witnesses are police officials, therefore, there is no apprehension of tempering with prosecution evidence--Offence u/S. 353, PPC is bailable while applicability of S. 324, PPC is to be determined at trial hence, case of applicants is fit for further inquiry’--Bail allowed. [Para 7] A Order Since aforementioned both criminal bail applications being arisen out of same crime, have been heard together, the same are being disposed of with this common order. 2. Through Cr. Bail Application No. S-444 of 2020, applicant Nazeer Ahmed Shah alias Baboo Shah and by means of Cr. Bail Application No. S-445 of 2020 applicants namely (1) Shameer s/o Ghulam Nabi, (2) Ghulam Nabi s/o Shameer, (3) Manthar Ali s/o Ali Sher. (4) Karim Bakhsh s/o Faqeer Sher Muhammad and (5) Huzoor Bakhsh s/o Sher Muhammad seek pre-arrest bail in Crime No. 128 of 2020, registered at PS Tando Muhammad Khan u/S. 324, 353, 147, 148, 149, PPC. Their earlier applications bearing Nos.159 & 162 of 2020 for the grant of pre-arrest bail were heard together and dismissed by the learned Sessions Judge. Tando Muhammad Khan vide order dated 09.05.2020. The applicants were admitted to ad-interim pre-arrest bail by this…