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2006 P Cr. L J 413

GHULAM ABBAS vs THE STATE

Citation2006 P Cr. L J 413
CourtSindh High Court
Case No.Criminal Bail Application No,795 of 2005
Date2006-01-06
Judge(s)Faisal Arab
ResultBail granted

ORDER

1. ' FAISAL ARAB, J.--- Applicant Ghulam Abbas Sodhar indicated as accused in Crime No,94 of 2005 of Police Station Mehar, for offence punishable under sections 419, 205, 34, P.P.C., seeks bail.

2. ' The case against the applicant is that he was jailor sub-jail Mehar and was handed over custody of two under-trial prisoners on 26-5-2005. The two accused persons, who were handed over, were said to be Deedar and Sudheer, both by caste Khoso. However, on 9-6-2005 upon inspection it was found that Sudheer Khoso was not in custody and in fact his brother Ali Mardan was in custody.

3. ' The case of the prosecution is that the applicant allowed the real accused Sudheer to escape in place of his brother Ali Mardan Khoso.

4. ' It is contended on behalf of the applicant that he was Clerk of Mukhtiarkar and was made Jailor of the Sub-jail, Mehar by the Mukhtiarkar and on 26-5-2005 he was handed over custody of Ali Mardan Khoso, who was shown to be Sudheer Khoso. It is next contended that it was no criminal offence committed by him but in fact the custody of a wrong person was handed over to him.

5. ' The defence plea and the allegations require further inquiry. The offence also does not come within the prohibition contained in section 497, Cr.P.C. The applicant is, therefore, enlarged on bail on furnishing surety in the sum of Rs,3,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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