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2006 MLD 1958

DARYA KHAN and others vs THE STATE

Citation2006 MLD 1958
CourtSindh High Court
Case No.Criminal Bail Application No,762 of 2005
Date2006-04-17
Judge(s)Mushir Alam
ResultBail granted

ORDER

1. ' MUSHIR ALAM, J.---The applicants claim bail in Crime No,70 of 2002 Police Station Dhamra, District Larkana for an offence under sections 302, 337-H(II), 504, 148, 149, P.P.C. From the allegations contained in the F.I.R. Itappears that parties were having matrimonial dispute. On the day of alleged incident Abdul Haque Jagirani is stated to be duly armed with Klashnikov, along with other persons including applicants Darya Khan, Mour and Qurban Ali Darya Khan and Mour were alleged to be armed with pistols whereas Qurban Ali is said to be armed with gun, there is direct allegation against other co-accused Mehar who fired from his Klashnikov straight on nephew of complainants Abdul Rehman who succumbed to the injuries, while the other co-accused made aerial fire including the present applicants, it seems that same group of co-accused proceeded towards the house of Mst. Tajul who was stated to have died from the straight fire caused by co- accusedAbdul Haque from his Klashnikov. Allegation against the present applicants are of causing aerial fire at the second incident of occurrence as well.

2. ' It is contended by the learned counsel that the parties are inimical to each other and the applicants have been falsely implicated. It is further urged that only one empty from each place of incident has been recovered which does not support the case of aerial fire made against the co- accused including the applicants. It is stated that even the witnesses who are alleged to have seen the incident of causing fire-shot at Mst. Tajul namely Raza Muhammad and Mithal have not implicated the present appiiant of having cause her death.

3. ' Learned State counsel concedes after perusal of the police file that only one empty each was recovered from the two places of incident. Under circumstances, pre-arrest on 11-8-2005 is confirmed. However the applicants present in Court are directed to furnish two sureties in the sum of Rs,100,000 each to the satisfaction of the learned trial Court and the security furnished before this Court may be released and discharged on furnishing surety before learned trial Court.

4. ' Applicants are directed to regularly attend the trial Court and associate with prosecution as and when called upon to do so, learned trial Court may cancel the bail if the applicants misuse or abuse the concession of the bail any time.

5. ' Applications in terms or the above disposed of.

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