Case Details

Citation(s)
2010 SLG 2779 = 2010 SLD 2779 = 2010 MLD 1008
Sindh High Court
Criminal Bail Application No. S-154 of 2006, decided on.6th September, 2006.
Presented By: Mrs. Qaiser Iqbal, J

MIANDAD---Applicant

VERSUS

THE STATE---Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.324, 337-A(ii), 337-F(i), 504, 147, 148 & 149---Attempt to commit qatl-e-amd---Pre-arrest bail, grant of---Case of accused was on better footing than that of co-accused, who was admitted to interim pre-arrest bail by the Trial Court--Injury attributed to accused caused to the victim had been declared as "Shajjah-i-Khafifa"---Past enmity existed between the parties on petty affairs which resulted in registration of case against accused---Accused was admitted to pre-arrest bail on the same terms and conditions as were contained in his interim pre-arrest bail order. Mumtaz Alam Leghari for Applicant. Amir Ali Tahir for the State. Sher Baz Khan, Advocate holding brief for Ayaz Latif Palejo for the Complainant. ORDER MRS. QAISER IQBAL, J.---Applicant Miandad son of Arab Bajeer has applied for pre-arrest bail under section 498, Cr.P.C. in crime No.2 of 2006 under sections 324, 337-A(ii), 147, 148, 149, 114, 504, 337-F(i), P.P.C. registered at Police Station, Chachro. Precisely the facts leading to the bail application are that complainant Arab son of Dodo Bajeer lodged report that there existed dispute with one Inayat, therefore, their families were not on visiting terms. On 4th March, 2006 in the evening there was marriage ceremony in the house of Inayat, applicant Miandad along with the co-accused Hameer and Karim had resorted to give invitation to the complainant, he declined to attend the marriage. In the evening of fateful day while complainant party was sitting in front of the shop of Abdul Razak, applicant Miandad duly armed with hatchet along with his associates abused the complainant party and on instigation of Inayat, applicant caused direct hatchet blow on the head of Abdul Razak, while Inayat also caused lathi blow on his head, who fell down. Matter was rescued on the intervention of co-villagers.…
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