| Citation(s) |
|---|
| 2010 SLG 2819 = 2010 SLD 2819 = 2010 MLD 1060 |
Sindh High Court
Criminal Bail Application No. S-539 of 2009, decided on 13th July, 2009.
Presented By: Syed Shafqat Ali Shah Masoomi, J
Criminal Bail Application No. S-539 of 2009, decided on 13th July, 2009.
Presented By: Syed Shafqat Ali Shah Masoomi, J
SADAM HUSSAIN---Applicant
VERSUS
THE STATE---Respondent
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Bail, refusal of---Accused no doubt was 17 years old at the time of occurrence, but other attending circumstances including gravity of the offence had also to be kept in mind, where overwhelming evidence had been collected by the prosecution against him for commission of the offence---Specific role had been assigned to accused of having fired directly on his wife, who died on the spot---F.I.R. had been registered without any loss of time---Crime weapon kalashnikov had been recovered from the accused---Four crime empties and blood-stained earth had been secured from the place of occurrence---Ocular testimony was corroborated by medical evidence---Prosecution witness has fully supported the version of the complainant in their statements recoded under S.161, Cr. P. C. ---Case was fresh---Bail was declined to accused in circumstances. 2006 SCMR 1805; 2006 PCr.LJ 1629; 2002 MLD 1817; 2002 PCr.LJ 657; 1999 SCMR 338 and PLD 2002 Kar. 18 distinguished. Abdul Latif Shah and Qurban Malano for Applicant. Manzoor Ahmed Junejo for the Complainant. Ali Haider Ada, A.A;-G for the State. ORDER SYED SHAFQAT SHAH MASOOMI, J.---Applicant is seeking bail in Crime No.36 of 2008, registered at Police Station Andal Sundrani for offence punishable under section 302, 34, P.P.C. The facts in brief are that on 23-9-2008 at about 1045 hrs complainant Mehar lodged F.I.R. at Police Station Andal Sundrani stating therein that about eight months back he had given his grand daughter Mst. Kalsoom in marriage to Sadam Chachar, about one month back from the solemnization of marriage her husband and her father-in-law were assaulting her grand daughter on house-hold affairs. After some days back Rasool Bux came at the house of complainant for taking Mst. Kalsoom, about the incident, he has stated that he had arranged for charity in the name of Allah. He went to the house of Rasool Bux and asked him that Mst. Kalsoom may be allowed to go with him but he refused. It was about 9-00 O'clock when Sadam and Rasool Bux were present in their house, Mst. Kalsoom was working in courtyard, complainant…