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2004 YLR 121

SHER MUHAMMAD and 3 others vs THE STATE

Citation2004 YLR 121
CourtSindh High Court
Case No.Criminal Bail Application No, 208 of 2003
Date2003-08-18
Judge(s)Azizullah M. Memon
ResultBail granted

ORDER

1. ' Mr. Anwar H. Ansari, Advocate for the applicants makes statement at the bar that this bail application as far applicants Nos.1 Sher Muhammad and No,2 Ameen Muhammad is not pressed by him and the same, for the said two applicants/accused, is hereby dismissed as withdrawn.

2. ' For applicants/accused Madad Ali and Younis, learned counsel has read out the relevant portion of the contents of the F.I.R., which was lodged by complainant Haji Mehal, wherein the said applicants viz. Madad Ali and Younis are alleged with the general allegation of having had inflicted hatchets and Lathi blows on the person of deceased Muhammad Saleem and injured Haji Mohib, and that they are not saddled with any specific allegation as to only one injury sustained by the said deceased as well as the injuries caused to the said injured.

3. ' Learned counsel for the said two applicants has cited 1980 SCM R 784 wherein the applicants of the said case were admitted to bail by Honourable Supreme Court with the observation that it was yet to be determined as to at whose hands the fatal injury was caused to the deceased of the said case; learned counsel further cited 1997 SCM R 251 wherein also the bail was granted to the applicants of the said case by Honourable Supreme Court of Pakistan on the basis of identical facts.

4. ' Learned counsel appearing for the State also supports the arguments of learned counsel for applicants Madad Ali and Younis to the effect that no specific role has been attributed to the said two applicants in the F.I.R. And that the question to that effect is yet to be determined by means of record of the evidence during the trial of the case.

5. ' Accordingly, applicants Madad Ali and Younis are hereby admitted to bail each in the sum of Rs,2,00,000 (two lacs) with P.R. Bonds in the like amount to the satisfaction of the trial Court.

Cited by 2 cases

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