Pakistan Case Lawโ† Search
2005 YLR 3294

ABDUL SATTAR and anothers vs THE STATE

Citation2005 YLR 3294
CourtSindh High Court
Case No.Criminal Bail Application No.140, M.As. Nos.1286, 510, 511 and 674 of 2005
Date2005-07-04
Judge(s)Rehmat Hussain Jaffery
ResultBail granted

ORDER

' RAHMAT HUSSAIN JAFFERI, J.---1. Granted.

2. Dismissed as it has become infructuous.

3 and 4. Granted subject to all just exceptions.

5. There are counter-cases between the parties. The incident of both cases occurred on 22-11-2004 at 9-00 a.m. In front of the houses of complainant of each case as their houses are adjacent to each other. It is alleged that 5 persons have received injuries from the side of applicants whereas from the side of complainant 4 persons have received injuries. The allegation against the present applicants is of causing lathi injuries to Ali Gohar. According to medical report there is only one injury on the person of Ali Gohar. The grant of bail under such circumstances was examined by the Hon'ble Supreme Court of Pakistan in a case of Shoaib Mehmood Butt v. Iftikhar-ul-Haq and others (1996 SCM R 1845). The Hon'ble Supreme Court of Pakistan in the above referred authority been observed that in the case of two counter-version arising from the same incident, one given by complainant in F.I.R. And the other given by opposite-party the question as to who is aggressor is to be determined and any party may take the right of private defence therefore bail can be granted on the ground of further enquiry as contemplated under section 497(2), Cr.P.C. Following the rule of Hon'ble Supreme Court of Pakistan the applicants are admitted to bail in the sum of Rs.75,000 (Rupees seventy-five thousand) each on furnishing solvent surety and P.R. Bond in the like amount to the satisfaction of trial Court.

' The application is allowed.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch