Case Details

Citation(s)
2009 SLG 3339 2009 SLD 3339 2009 PCRLJ 476
Sindh High Court
Criminal Bail Application No.676 and M.A. No.2894 of 2008, decided on 28th November, 2008.
Before Abdur Rahman Faruq Pirzada, J
Abdul Sattar Chandio for Applicant. Muhammad Iqbal Mahar, A.A.-G. for the State.

IMAM BUX----Applicant

VERSUS

THE STATE----Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302/201/147/148

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss.302/201/147/148---Bail, grant of---No direct ocular evidence was available against the accused---Dead body of deceased was found later on and the name of accused along with co-accused was given in suspicion---Co-accused whose case was almost identical to that of accused, had already been granted bail---Accused would be entitled to concession of bail in view of rule of consistency---State counsel had conceded to grant of bail to accused as co-accused had been granted bail---Accused was released on bail, in circumstances. ORDER ABDUR RAHMAN FARUQ PIRZADA, J.--- This is a bail application on behalf of applicant Imam Bux in the case vide Crime No.100 of 2005, Police Station Padidan for offence under sections 302, 201, 147, 148, P.P.C. The bail application of applicant was rejected by learned Sessions Judge, Naushero Feroze vide order, dated 24-9-2008. As per F.I.R. lodged by complainant Ali Sher at Police Station Padidan on 17-12-2005, there is last-seen evidence against co-accused persons namely Sajjad Lashari, Hidayatullah Pajpers and two unidentified persons, who had allegedly taken away deceased Muhammad Hayat with themselves for the purpose of Faisla between present applicant and Muhammad Hayat. Previously there was exchange of hot words between applicant and Muhammad Hayat over the matter of business of buffaloes. Learned counsel for applicant has…
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