| Citation(s) |
|---|
| 1992 SLG 2040 1992 SLD 2040 1992 PLJ 369 |
Sindh High Court
Crl.Bail Application No.1143-1148 of 1991, accepted on 8.4.1992. Dates of hearing: 17 and 19.3.1992.
SYED ABDUR RAHMAN AND QAISER AHMAD HAMIDI, JJ
Mr. Abdul Hafeez Lakho, Advocate for Applicant. Mr. Aftab Ahmad Akhitnd, A.G. Sindh for State.
Crl.Bail Application No.1143-1148 of 1991, accepted on 8.4.1992. Dates of hearing: 17 and 19.3.1992.
SYED ABDUR RAHMAN AND QAISER AHMAD HAMIDI, JJ
Mr. Abdul Hafeez Lakho, Advocate for Applicant. Mr. Aftab Ahmad Akhitnd, A.G. Sindh for State.
MANZOOR HUSSAIN WASSAN--Applicant
VS
THE STATE--Respondent
Law:
Section:
Alibi- —Offence under Sections 302, 307, 120-B and 170-B/34 PPC--Bail--Grant of- Prayer for-Even at bail stage, Court can tentatively examine plea of alibi to find out as to whether plea of alibi is such that rosecution evidence does not lead to inference of guilt against accused-Held: On tentative assessment of evidence produced by applicant in support of his plea of alibi, prosecution evidence does not lead to nference of guilt against applicant, case is of further inquiry and there are no reasonable grounds to believe that applicant is guilty of scheduled offence-Bail allowed. [P.375JABPLJ 1976 SC 283 distinguished PLJ 1978 SC 327,1989 SCMR 2071, PLD 1962 SC 49 and PLD 1967 SC 549 re/. JUDGMENT Syed Abdur Rahman, J.-These bail applications have been filed by applicant Manzpor Hussain Wassan, who is facing trial inter-alia, in consolidated case No. 299/1991 under sections 302, 307, 120-B and 170-B read with section 34 P. P. C. etc. 2. The prosecution story is that M.Q.M. leader Altaf Hussain was to return from London on 22-8-1990, therefore, various camps were set up at Karachi to accord him a welcome. There was indiscriminate Kalashnikovs firing on some of these reception camps from moter cars in which as many as 25 persons were killed and many more injured. A number of FIRs. were lodged at concerned Police Stations which included, amongst others, the FIRs. Crime Nos.177, 342, 150, 240, 142 and 706/92 of those respective Police Stations in the present consolidated cases. In FIR Crime No.177 of 1990 (Criminal Bail Application No. 1144 Of 1991) which was lodged on 22-8-1990 at U.50 p. m. by Syed Salman at Brigade Police Station, it was alleged that at about 5.45 a. m. on the same day P.S.F. workers Khalid Dalmia,... Zahid Sharif, Danish and Saood fired from the car with Kalashnikov and pelted a hand grenade at M.Q.M. reception camp of Khudadad Colony.(Immediately on next day Syed Salman gave further tatement that correct name was Zahid Saeed and not Zahid Sharif). Nine persons were injured of whom two died. S.H.O. Brigade Police Station continued investigation. On 23-8-1990, seven eye-witnesses, who were also injured, named…
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