| Citation(s) |
|---|
| 2007 SLG 2987 2007 SLD 2987 2007 PLD 336 |
Sindh High Court
Criminal Bail Application No. S-718 and Criminal Miscellaneous Application No. S-238 of 2006, decided on 13th March, 2007.
SAJJAD ALI SHAH, J
Allah Bachayo Soomro for Applicant (in Bail Application No. S-718 of 2006). Syed Madad Ali Shah for the Complainant (in Criminal Bail Application No. S-718 of 2006 and for Applicant (in Cr. Misc. A. No. S-238 of 2006). Noorul Haque Qureshi for Responden
Criminal Bail Application No. S-718 and Criminal Miscellaneous Application No. S-238 of 2006, decided on 13th March, 2007.
SAJJAD ALI SHAH, J
Allah Bachayo Soomro for Applicant (in Bail Application No. S-718 of 2006). Syed Madad Ali Shah for the Complainant (in Criminal Bail Application No. S-718 of 2006 and for Applicant (in Cr. Misc. A. No. S-238 of 2006). Noorul Haque Qureshi for Responden
AMJAD JAWED--Applicant
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), S.324/337-F(vi)/504/34---Bail, refusal of---Delay of 18 hours in lodging the F.I.R. had been properly explained---Intention of the accused was obvious who had chosen to use a firearm against his enemy and caused the injury on the upper part of the body---Non-repeating of the fire shot by the accused at the most would show that he had no intention to brutally cause the murder, but he had the intention to murder, as in ordinary course a single shot was sufficient to cause the death of a person---Accused was fully aware that the injury caused by a firearm could cause the death of the injured---Specific role had been assigned to accused in the F.I.R. along with motive---Recovery of a .30 bore pistol was effected from the accused--Crime empties of .30 bore were secured from the place of incident---Four prosecution witnesses including the two injured had fully supported the prosecution case---Ingredients of S. 324, P.P.C. were fully attracted in the case---Even otherwise, S.337-F(vi), P.P.C. was non-bailable and bail could not be claimed as a matter of right---Bail was declined to accused in circumstances---[Saleem Khan v. The State 1999 P.Cr.LJ 140 dissented from]. Saleem Khan v. The State 1999 P.Cr.LJ 140 dissented from; Akhtar Husasain v. The State 2000 PCr.LJ 315; Muhammad Nadeem v. The State 2006 PCr.LJ 1515; Waqas Ahmed v. The State 2005 SCMR 1496; Abbas and another v. State 2003 PCr.LJ 391; Dildar Baig v. The State 1998 SCMR 358; Saghir Ahmed v. Zulfiqar Ahmed 2005 PCr.LJ 1284; Liaquat Ali v. The Sttate 2004 PCr.LJ 962; Muhammad Nawaz v. The State 2004 SCMR 772; Abbas and another v. The State 2003 PCr.LJ 391; Muzafar Iqbal v. Muhammad Imran Aijaz 2004 SCMR 231; Abdul Haleem Lakhho v. Abdul Karim alias Karim Bux and others 2005 SCMR 1539 and Jan Muhammad v. Haji Noor Jamal and another 1998 SCMR 500 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)-Penal Code (XLV of 1860), Ss.324/337-F(vi)/504/34---Bail, cancellation of---Proper explanation for lodging the F.I.R. after a delay of 18 hours had been furnished---Non-repeating of fire shot by the accused did not mean that…
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