Case Details

Citation(s)
1990 SLD 567 = 1990 MLD 1067
Sindh High Court
Criminal Bail Application No. 715 of 1989, decided on 23rd January, 1990.
Presented By: Before Abdul Rahim Kazi, J
Awan Rehmatullah Nadeem for Petitioners. Mushtaq Ahmed Amir for A. A. G. for the State

NATHIR and others---Petitioners

VERSUS

THE STATE---Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ----S. 497--Requirements for grant of bail--Factors to -be considered---Court while considering bail application is not to go into deep appreciation of evidence--All that is to be seen is whether reasonable grounds appear for believing that accused has committed non-bailable offence or there are sufficient grounds for further enquiry. Criminal Procedure Code (V of 1898)--- ----S. 497--Penal Code (XLV of 1860), S. 302/34---Bail--Accused had been named in FIR with specific roles attributed to them---Recovery of fire arms had allegedly been effected from accused and prosecution witnesses had implicated them---Sufficient material was thus available on record to link the accused with the crime---Bail application was dismissed in circumstances. Walayat and another v. The State 1984 SCMR 530; Nazir and another v. The State 1978 S C M R 285; Ahmed Yar and 2 others v. The State N L R 1983 Cr. C. 102; Zakaullah v. Mohd. Khan and State 1984 P Cr. L J 2461; Allahyar v. Ranjha and others 1979 S C M R 557; Jaffar and others v. The State 1980 SCMR 784 and Ali Goher v. The State 1986 S C M R 730 ref. Awan Rehmatullah Nadeem for Petitioners. Mushtaq Ahmed Amir for A. A. G. for the State . ORDER The present bail application has been moved for grant of bail to the present 3 applicants who have been sent up to stand trial alongwith co-accused Chhuto under section 302/34 P P C registered with P. S. Kandhkot as Crime No. 1 of 1989. Briefly the case of the prosecution as given in the FIR is that on the date of incident the complainant alongwith his father deceased Abdul Rehman and relatives Meenhon and Jam had gone to the town of Kandhkot. When at about 5-00 p.m. they reached Bundain Bazar's Clock Tower, they saw the present applicants alongwith co-accused Chhuto emerging from a street on the western side. All the accused are said to be armed with guns. At that time the deceased father of the complainant was about 8/10 paces ahead of the complainant and PWs. Applicant Sharbat then challenged the deceased father of the complainant that they will take revenge. On this applicant Nather is said to have fired at the deceased who was hit and fell…
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