Case Details

Citation(s)
2010 SLG 2584 = 2010 SLD 2584 = 2010 YLR 1753
Sindh High Court
Criminal Bail Application No.S-473 of 2009, decided on 21st December, 2009.
Presented By: Ahmed Ali Shaikh, J
Riazat Ali Shah for Applicants.

MUHAMMAD NAWAZ and others---Applicants

VERSUS

THE STATE---Respondent

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), Ss.337-F(iii), 452, 147, 148 & 149---House-trespassing and causing injuries--Interim pre-arrest bail, confirmation of---No overt act was attributed to accused---Allegation levelled against co-accused did not find support from medical evidence in which only one injury had been shown---Allegation against accused was that he caused firearm injury, which had been opined by the Medico-Legal Officer as "Ghayr-Jaifah Mutalahimah", which was punishable upto three years and did not fall within the prohibitory clause of S.497, Cr. P. C. ---Since the parties were at daggers drawn since long and prior to that incident two F.I.Rs. had been lodged by accused persons against the complainant, false implication of accused person, in circumstances, could not be ruled out---Medical evidence did not corroborate the ocular version of the prosecution, on the contrary, it negated the version of the complainant---No sanctity could be attached to the version of the complainant---Interim pre-arrest bail earlier granted to accused, was confirmed, in circumstances. Meeran Bux v. The State and another PLD 1989 SC 347 rel. Riazat Ali Shah for Applicants. Shahid Ahmed Shaikh, Assistant Prosecutor-General Sindh. ORDER AHMED ALI SHAIKH, J.--Applicants Muhammad Nawaz, Ahsan Ali and Mehar Dil alias Meer Ven seek pre-arrest bail in Crime No.97 of 2009, Police Station Jamshoro, under sections 147, 148, 149, 452 and 337-F (iii), P.P.C. 2. Vide order dated 23-7-2009 the applicants were admitted on interim pre-arrest bail. 3. It is, inter alia, contended that applicants have been involved due to previous enmity between the parties, which is also admitted in the F.I.R. Learned counsel for the applicants has placed on record the copies of two F.I.Rs. bearing Nos.8 of 2007 and 140 of 2009 of Police Station Dodopur and Qassimabad respectively. It is further contended that the present F.I.R. was lodged as a counterblast against the applicants. Per medical certificate the injury received by the complainant has been declared as Ghay-r-Jaifah Mutalahimah, which falls under section 337-F(iii), P.P.C. and punishable…
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