| Citation(s) |
|---|
| 1979 SLG 1566 1979 SLD 1566 1979 PCRLJ 943 |
Sindh High Court
Criminal Bail Application No. 1151 of 1978, 20/11/1979
ABDUL HAFEEZ MEMON, J
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Criminal Bail Application No. 1151 of 1978, 20/11/1979
ABDUL HAFEEZ MEMON, J
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Imam Bux And 4 Others
VS
The State
Law:
Section:
Keywords: Grounds, Prosecution, Defence, Registered, Cancellation, Satisfaction, Petitioner, Place, Evidence, Procedure, Order, Surety, F.I.R Result: Orders accordingly ORDER The applicants, out of whom applicant Imam Bux is A.S.I.P. And the remaining are the Police Constables, are accused in a case registered against them under section 302/307/147/148/149, P.P.C. At Police Station Matiari. The prosecution case as set up to the F.I.R. Lodged by one Haji Minhal is that on 27th June, 1978, at about 12 noon complainant Haji Minhal was taking tea at Chandan Mori at the hotel of Yar Muhammad when the applicant Imam Bux along with other applicants Police Constables got down from a Suzuki van and went towards the hotel of Ali Ahmad Lashari where deceased Paru was sitting. They inquire) from Paru his name and asked him to accompany them to the police station. Paru remonstrated at his being taken to the police station and in the process abuses were exchanged between him and applicant Imam Bux. Applicant Imam Bux thereupon asked the other applicants to get away from Paru. The said applicants obeyed and left Paru. Applicant Imam Bux thereafter fired at Paru from his revolver which hit him on his chest and he fell down dead on the spot. Applicant Imam Bux thereafter tried to put the body of deceased Paru in the Suzuki on which P. W. Esso came running and told the applicants that they would not allow the dead body of Paru to be taken away whereupon applicant Imam Bux fired at him also from the same revolver which hit him in the back, By that time P. W. Khan Muhammad also came running who was also fired at by applicant Imam Bux as a result whereof he received serious injuries and fell down and died later on in the hospital. In the meantime P. W. Khiali Khoso also got down from the bus and came to the vardat whereupon applicant Abdul Karim, who is not present before this Court, fired at him where after all the police constables are alleged to have inflicted blows with the butts of their rifles to P. W. Khiali Khoso and Qasim. All the applicants applied for bail before arrest to the Sessions Court at Hyderabad but their application was rejected by the learned Ist Additional…
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