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2005 MLD 919

MUHAMMAD SHAH and another vs THE STATE

Citation2005 MLD 919
CourtSindh High Court
Case No.Crl. B. A. No.131 of 2005,
Date2005-03-21
Judge(s)Muhammad Mujeebullah Siddiqui
ResultBail granted

ORDER

1. Learned counsel for the applicants submitted that the case against the applicants is a result of enmity and the contents of F.I.R. Are belied by the Mashirnama of arrest and the place of incident prepared by the Investigating Officer. It is a case of ineffective firing and according to the F.I.R. The applicants were apprehended at the spot and handed over to Inspector Azizullah Morio of Investigating Police Daulatpur. According to the Mashirnama of arrest Inspector Azizullah Morio arrested the applicants from the Rural Health Center Jehania where they were already admitted.

2. Mashirnama of place of incident shows that no empties were recovered from the place of incident and it was stated that ineffective firing hit at the wall but no such sign was found on the wall at the place of incident. In the above circumstances, learned counsel for the applicant has submitted that it is a case of further inquiry and the applicants are entitled to be released on bail.

3. ' Learned State counsel has opposed the bail application but he has no explanation for the contradiction in the F.I.R., Mashirnama of arrest and the place of incident.

4. ' In the above circumstances, both the applicants are granted bail in the sum of Rs.1,00,000 each and P.R. Bond in the like amount to the satisfaction of learned trial Court.

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