| Citation(s) |
|---|
| 1979 SLG 1452 1979 SLD 1452 1979 PCRLJ 236 |
Sindh High Court
Criminal Bail Application No. 142 of 1978, 04/04/1978
S. A. NUSRAT, J
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Criminal Bail Application No. 142 of 1978, 04/04/1978
S. A. NUSRAT, J
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Imdadullah And Anotier
VS
The STATEOpponent
Law:
Section:
Keywords: Orders, Prosecution, Petition, Grounds, Delay, Charge-Sheet, Confirmation, Investigation, Merits Of The Case, Petitioner, Order, Evidence, Information, Conspiracy, Constitutional Petition, Procedure, Copies, Copy, Charge Sheet Result: application rejected JUDGMENT The applicants had separately moved two bail applications in the Court of Sessions Judge, Sanghar, which were rejected on 3-1-1978. They have now moved this Court for their release on bail. The learned counsel for the applicants contended that the names of the applicants did not appear in the first information report which was filed after a delay of four years and no specific part or overt act had been assigned to them. It was further contended that four of the accused persons in the same case have already been released on bail by this Court while two others were granted bail by the Sessions Court. The learned counsel for the State filed copies of the statements of eight prosecution witnesses which were recorded under section 164, Cr. P. C. Besides, he also produced copy of interim charge sheet dated 11-10-1977 and copies from monthly tour diaries of applicant Imdadullah Unar, the then Deputy Commissioner, Sanghar, and Mohammad Bachal G. Memon, Assistant Commissioner, Sanghar, for the month of October, 1973. 2. Mr. Ahmed Hasnain, learned counsel for the State, contended that the names of the applicants were mentioned by the complainant Meer Khan in Constitutional Petition No. 1054 of 1973, which he had filed in this Court on 12-7-1973. It was contended that the petitioner Meer Khan had expressed certain apprehensions about his brother Fakir Mohammad Amin and in October, 1973, when the said petition was still pending, Fakir Mohammad Amin was done to death on account of a criminal conspiracy to which the applicants lent their active support as mentioned in the interim charge-sheet. He further contended that the applicants accused had acted at the instance of absconding accused Jam Sadik Ali, and Fakir Mohammad Amin could not have taken out of Central Jail, Sukkur and brought to Sanghar through A. S. I. Malook Hussain, with the intention of murdering him without official assistance of the…
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