Case Details

Citation(s)
2001 SLG 2834 2001 SLD 2834 2001 PLD 320
Sindh High Court
Criminal Bail Application No. 1026 of 2001, decided on 1st March, 2002, DATE of hearing; 18th March, 2002
WAHID BUX BROHI, J
Shoukat H. Zubedi for Applicant. Muhammad Irfan for the Complainant. Arshad Loadhi, A.A.G. for the State.

NAVEED---Applicant

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)------S. 497(1), third do fourth proviso---Penal Cock (XLV of 1860), S.324--­Bail on the ground of statutory delay ---Accused was in continuous detention for a period of more than one year and delay in the trial was not attributable to him ---Awas not involved in any other criminal case and even in the present incident he had inflicted only one blow and then fled away---Accused, therefore, could not be treated as a dangerous and hardened criminal---Bail was granted to accused in circumstances. Zahid Hussain Shah v. The State PLD 1995 SC 49 ref. ORDER Applicant Naveed has been arrested for an offence punishable under section 324, P.P.C. The allegations against him as contained in the-F.I.R. are that on 27-4-2000 at 10-00 a. m. he caught hold of Faheemuddin and inflicted a dagger blow on the side of his chest with intention to kill him and then he ran away. Faheemuddin was immediately shifted to hospital. On receiving information of this occurrence S.-I Zafar Iqbal reached the hospital and attempted to record the statement of Faheemuddin but the Medical Officer informed him that the latter was not capable of speaking, therefore, he recorded the statement of Muhammad Dawood the father of injured who by that time had reached the hospital on receiving telephonic information about the occurrence. 2. The applicant was arrested on 6-5-2000. He moved an application for bail whiLh was dismissed by this Court on 15-12-2000 with direction to the trial Court to examine the victim, Faheemuddin and Mst. Rehmat Bibi within two months of receipt of the said order, failing which the applicant may repeat the application for bail. The trial Court could hardly examine one of them namely Mst. Rehmat Bibi, besides complainant Muhammad Dawood the father of injured. The application for bail moved on behalf of applicant was rejected by the trial Court on the ground that the act of accused causing an injury to the victim amounts to ' Ghundagardi' and release of such type of person on bail would endanger innocent persons as such the applicant being a desperate and dangerous person. was not entitled to bail within the meaning of 4th proviso of…
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