| Citation(s) |
|---|
| 2007 SLG 3078 2007 SLD 3078 2007 PLJ 356 |
Sindh High Court
Crl. Bail A. No. 35 of 2006, decided on 3.2.2006.
MRS. QAISAR IQBAL, J.
Syed Javed Haider Kazmi, Advocate for applicant. Mr. Asghar Khan Bangash, Advocate for Complainant.
Crl. Bail A. No. 35 of 2006, decided on 3.2.2006.
MRS. QAISAR IQBAL, J.
Syed Javed Haider Kazmi, Advocate for applicant. Mr. Asghar Khan Bangash, Advocate for Complainant.
AJAMAEEN KHAN and 8 others--Applicants
VS
STATE--Respondent
Law:
Section:
(i) Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498 & 154--Pre-arrest bail, grant of--Prayer for--Murderous assault--Cross version--Suppression of facts--There was counter version and suppression of facts on the part of the complainant, while the FIR was set into motion for inaction against which compelled the applicants to resort to the Court of law for redress thereupon a counter case against the complainant party was registered. [P. 358] A (ii) Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 498 & 154--Pre-arrest bail, confirmed of--Prayer for--Suppression of facts--Further inquiry--The case against accused required further inquiry, there were suppression of facts and FIR was registered after consultation and due deliberation by the complainant party on account of counter incident with an intent to harass and humiliate the applicants, they were entitled to pre-arrest bail--Petition allowed. [P. 359] B Order This is an application under Section 498 Cr.P.C. moved by the applicants named above connected in commission of the Crime No. 408/2005, registered at Police Station North Nazimabad Karachi (Central), on the report of the complainant Muhammad Zada s/o Faiz Muhammad for commission of a murderous assault upon him and his companions on 9.11.2005, at 8:00 a.m. The incident had occurred in consequence of incident, which earlier occurred between Shafiq and complainant's nephew Muhammad Ali, resulted in exchange of hot words between them. The complainant in the same evening went to the elders of the Shafiq, tried to resolve the dispute between the children, but of no avail. Following the incident complainant has resorted to file report against the applicants, five unidentified culprits and one absconder alleging, that they had attacked with Dandaz, daggers, caused serious injuries to complainant and his sons Muhammad Hanif, Muhammad Ali, Abrar and Mst. Husna. The victims were shifted to Abbasi Shaheed Hospital, for treatment and on the basis of the statement recorded under Section 154 Cr.P.C. recorded in Abbasi Shaheed Hospital, the FIR was lodged. The applicants were admitted on pre-arrest bail vide order dated 9.1.2006, the case has now come…
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