Case Details

Citation(s)
2009 SLG 1391 2009 SLD 1391 2009 PLJ 472
Sindh High Court
Criminal Bail Application No.S-556 of 2008, decision dated: 28-11-2008.
ABDUL RASHEED KALWAR, J

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MOULA BUX--Applicant

VS

THE STATE MOULA BUX--Applicant vs THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), S.302/34---Bail, refusal of---Deceased had died due to injuries received by him by discharge of fire arm---Deceased had also received fire arm injuries on his head/face, which was supported by the ocular evidence as well as the post mortem report---Injuries received by the deceased were sufficient to cause his death---After letting of co-accused, the number of injuries sustained by the deceased commensurated with the number of accused who fired upon the deceased---Deeper appreciation of evidence was not permissible at bail stage---Enmity could be motive for commission of offence---Presence of accused on spot along with other co-accused had been tentatively established from prosecution record---Case of further inquiry into the guilt of accused was not made out---Accused being not entitled to bail, his bail plea was dismissed. PLD 1988 SC (AJ&K) 14; 1997 PCr.LJ 1578 and 1999 PCr.LJ 184 ref. Abdul Rasool Abbasi for Applicant. Mukhtar Ahmed Khanzada State Counsel. ORDER ABDUL RASHEED KALWAR, J.--- The applicant seeks bail in case vide Crime No.4 of 2007 under section 302, 34, P.P.C. registered at Police Station Mahi Otho, District Jamshoro. Brief facts of the prosecution case as disclosed in the F.I.R. are that complainant Gul Hassan son of Abdul Rehman by caste Otho had lodged the above mentioned F.I.R. on 18-2-2007 at 0700 hours in respect of an incident having taken place on same day at 0645 hours. Through this F.I.R., the complainant has 'brought on record the facts of incident that he is police constable and at the night time he was on his duty as incharge of Police Picket Karampur. On the day of incident at about 5-00 a.m. he was free from his duty and thereafter he proceeded to his village Karampur from Sehwan on a motorcycle. Wherefrom he, his brother Ghulam Hussain aged about 25 years, Ghulam Rasool and maternal-uncle Shah Muhammad proceeded to their lands situated at Kand Sahita. At about 6-45 a.m. they reached at Jiandal Shah graveyard near protective band road. They saw a white coloured car standing there. Accused Abdul Raheem, Allah Bux, both sons of Muhammad Hassan; Mola,…
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