| Citation(s) |
|---|
| 2002 SLG 781 2002 SLD 781 2002 MLD 1260 |
Sindh High Court
Criminal Bail Application No. S-97 of 2002. 01/03/2002
MUHAMMAD AFZAL SOOMRO, JUSTICE
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Criminal Bail Application No. S-97 of 2002. 01/03/2002
MUHAMMAD AFZAL SOOMRO, JUSTICE
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Buxial Saryo
VS
THE STATE
Law:
Section:
THIS ORDER PASSED BY: MUHAMMAD AFZAL SOOMRO, JUSTICE:---.--- By this order, I intend to dispose of criminal bail application filed on behalf of applicant Buxial son of Haji Abdul Rehman Saryo in a case bearing Crime No. 180 of 2000 of Police Station K.N. Shah, District Dadu under sections 324, 337-A (ii), 337-F(ii) and 337-F(v), read with section 504, P.P.C. The bail plea of the applicant was declined by the learned 1st Additional Sessions Judge, Dadu vide order dated 7-2-2002. The prosecution story as unfolded in the F.I.R. Is that on 14-11-2001 at 1-00 p.m. Complainant Mour son of Shadi Khan by caste Saryo appeared at Police Post Kakar and recorded a non-cognizable report which later on was incorporated in a book under section 154, Cr.P.C. By 3-00 p.m. The case of the prosecution in F.I.R. Is that on 14-11-2001 complainant alongwith his two brothers namely Muhabat and Mithal had gone on their lands in order to supervise their chilly crop. It has been further alleged that on the relevant date and time one Buxial alongwith others emerged there and he tried to dismantle the watercourse. It has further been alleged that at 10-30 a.m. Buxial, Raza Ali, Feroze Hussain and Riyaz all by caste Saryo emerged there and it is stated that Raza Ali was armed with licensed rifle, Buxial, Feroze Hussain and Riyaz were carrying hatchets. It is alleged that they extended Lalkara to the complainant party on which Buxial caused hatchet injuries to Mithal on his scapular region while Feroz Hussain gave back side hatchet blow to Muhabat which hit him on his parietal region, as a consequence whereof, he went unconscious, Riyaz gave hatchet blow to Muhabat hitting on his head. The second blow was landed on his right arm on which the complainant party raised cries and commotion whereafter accused Raza Ali opened fire in the air. The culprits thereafter decamped from the scene of offence. The incident was witnessed by Shadi Khan and Master Ghulam Sarwar and on their intervention the complainant party was saved on being admonition in the name of "Allah". The investigation followed and in due course accused Feroz, Qamarauddin and Riyaz were let off by the police under section 497,…
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