Case Details

Citation(s)
2003 SLG 1177 2003 SLD 1177 2003 PCRLJ 974
Sindh High Court
Criminal Bail Application No. S-468 of 2002, decided on 8th November, 2002.
ZAHID KURBANALVI, J
Mushtaq Ahmad Kourejo for Applicant. Ali AzharTunio, Asstt. A.-G. for the State.

ALI ANWAR --Applicant

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497(2),103

Law: Penal Code (XLV of 1860)

Section: 402/148/149

Criminal Procedure Code (V of 1898)---   ----Ss. 497(2) 103---Penal Code (XLV of 1860), Ss. 402/148/149--¬Bail, grant of---Further inquiry---Six persons were allegedly found duly armed with deadly weapons, but only two including the accused were apprehended by the Police---No overt act was attributed to any of the accused---Offence under S.402, P.P.C. being punishable up to seven years R.I., case against accused did not come under prohibitory clause of S.497, Cr.P.C.---Police which had prior information, was in a position to comply with provisions of S.103, Cr.P.C. which was overlooked---Case against the accused being of further inquiry, he was admitted to bail.   Mushtaq Ahmad Kourejo for Applicant.   Ali AzharTunio, Asstt. A.-G. for the State. ORDER The applicant has sought bail who is involved in Crime F.I.R. No. 17 of 2002, registered at Police Station Nasirabad for an offence under sections 148, 149 and 402, P.P.C. Briefly the facts are that on 1-3-2002 on a tip off regarding presence of six armed outlaws, complainant A.S.-I. Abdul Kareem Massan of Police Station Nasirabadalongwith entourage went to Loothi Sim Shakh where he found all the six persons duly armed with deadly weapons including present applicant Ali Anwar Tagar who was armed with a gun. On seeing the police party accused persons tried to escape the scene but as a result of rapid action by party two of accused namely present applicant Ali Anwar and co-accused Ghulam Sarwar were apprehended alongwith their respective guns and cartridges while rest of accused succeeded to get away. Accused apprehended and their respective weapons were brought to police station where such F.I.R. was lodged to the above effect as well as a separate case under section 13-D, Arms Ordinance was recorded against applicant Ali Anwar and Ghulam Sarwar but their arrest was shown in a pending Crime No. 14 of 2002 for an offence under sections 324, 353, 148 and 149, P.P.C. Apparently the bail plea moved on behalf of the applicant was declined by the trial Court vide impugned order dated 27-5-2002. It is contended by the learned counsel for the applicant that case is engineered one on flimsy grounds at the…
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