| Citation(s) |
|---|
| 2009 SLG 3399 2009 SLD 3399 2009 PCRLJ 722 |
Sindh High Court
Criminal Bail Application No.633 of 2008, decided on 28th November, 2008.
Before Farrukh Zia G. Shaikh, J
Illahi Bux Jamali for Applicant. Agha Ather Hussain Asstt. A.-G., Sindh for the State.
Criminal Bail Application No.633 of 2008, decided on 28th November, 2008.
Before Farrukh Zia G. Shaikh, J
Illahi Bux Jamali for Applicant. Agha Ather Hussain Asstt. A.-G., Sindh for the State.
ABDUL SATTAR alias PAPOO----Applicant
VS
THE STATE----Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979
Section: 17(3)
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Bail, refusal of---Role assigned to accused was similar to that of co-accused whose bail application had already been dismissed by the Trial Court as well as by the High Court on merits---Counsel appearing for accused had not been able to differentiate between the case of accused and the case of said co- accused---Case against accused, in circumstances did not fall within the ambit of subsection (2) of S.497, Cr.P.C.---Bail application was dismissed, in circumstances. ORDER FARRUKH ZIA G. SHAIKH, J.---Applicant Abdul Sattar alias Papoo son of Malhar by caste Phulpoto has filed this application under sections 497/498, Cr.P.C. seeking post arrest bail, who is involved in F.I.R Crime No.61 of 2007 registered at Police Station, Kotdiji for an offence under section 17/3 Enforcement of Hudood Ordinance. Succinctly, the facts are that the case was initiated on an F.I.R lodged at the instance of complainant Wajid Ali son of Muhammad Bux Lashari on 7-5-2007 stating therein that on the day of report, he along with his other inmates of the house, was available in the house and heard the sound of a motorcycle outside the house and at once two persons with open faces, out of them one was armed with Pistol and another was empty handed entered into the house and held the pistol over the complainant and controlled him. Accused demanded from the complainant the keys of the safe, which were not available with him, ultimately they broke the door of the safe and took golden set, mobile set and cash and threatened the complainant party not to come near them. Complainant party raised cries, on which, his relative Aijaz Ali and neighbourer Inam Ali came running, they also saw the accused while taking away robbed property. Thereafter, both the accused went towards north on their motorcycle. Hence the F.I.R was lodged against two unknown persons. Later on accused were arrested in the present case and such identification parade was held on…
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