| Citation(s) |
|---|
| 2010 SLG 2827 = 2010 SLD 2827 = 2010 MLD 1082 |
Sindh High Court
Criminal Bail Application No.S-137 of 2009, decided on 22nd April, 2009.
Presented By: Khadim Hussain M. Shaikh, J
Asif Ali Abdul Razak Soomro and Arif Safdar Ghauri for Applicant. Miss Rubina Dhamrah for the State.
Criminal Bail Application No.S-137 of 2009, decided on 22nd April, 2009.
Presented By: Khadim Hussain M. Shaikh, J
Asif Ali Abdul Razak Soomro and Arif Safdar Ghauri for Applicant. Miss Rubina Dhamrah for the State.
SANHOON alias SANAULLAH---Applicant
VERSUS
THE STATE---Respondent
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.497(2)---Penal Code (XLV of 1860), Ss.337-F(i) & 34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(2)(3)---Damiyah and haraabah---Bail, grant of---Further inquiry---F.I.R. was lodged with delay of 17 days, the statements under S.161, Cr.P.C. of prosecution witnesses were recorded after 22 days of the incident; and no plausible explanation was offered by the prosecution for such an inordinate delay in lodging the F.I.R.; and recording statements under S.161, Cr.P.C. of the prosecution witnesses, which prima facie had created doubt as the possibility of introducing the name of accused after deliberations and consultations could not be ruled out---Case of accused falling within the purview of S.497(2), Cr.P.C., accused was granted bail, in circumstances. 1982 SCMR 440; 2005 PCr.LJ 452; 2007 MLD 806 and 1993 SCMR 550 rel. Asif Ali Abdul Razak Soomro and Arif Safdar Ghauri for Applicant. Miss Rubina Dhamrah for the State. ORDER KHADIM HUSSAIN M. SHAIKH, J.---The applicant, through this applicant seeks post-arrest bail in crime No.42 of 2008 of Police Station Thull, for offences under section 337-F(i), 34, P.P.C. and sections 17(3) and 17(2) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979. The bail plea of the applicant was declined by the learned Court of 1st Additional Sessions Judge, Jacobabad, vide order, dated 18-9-2009. Hence this bail application. 2. Briefly, the facts of prosecution case are that on 10-3-2008, the complainant Mohabbat Khan son of Sardar Saeed Khan Kandrani lodged his above F.I.R. that on 2-2-2008, the complainant along with his brother Nisar Ahmed was going to Jacobabad on his motorcycle and at about 10-00 a.m., when they reached on Dingri Bridge near Railway Station Thull, four persons duly armed emerged there. Out of whom one was identified to be Sanhoon alias Sanaullah son of Abdul Jameel alias Faqir Bona, and three were unknown persons. Sanhoon alias Sanaullah and one unknown person were armed with Kalashnikovs and rest two persons were carrying gun and pistol. The all culprits caused butt blows to the complainant. Sanhoon alias…