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2006 P Cr. L J 249

JANO alias JAN MUHAMMAD and 3 otherss vs THE STATE

Citation2006 P Cr. L J 249
CourtSindh High Court
Case No.Criminal Bail Application No, S-77 of 2005
Date2005-03-08
Judge(s)Syed Ali Aslam Jafri
ResultOrder accordingly

ORDER

1. ' S. ALI ASLAM JAFRI, J.--- At the very outset Mr. Abbasi argued that he will not press this application for accused Jan Muhammad who shall surrender before the trial Court as the part assigned to him is that of causing injury on the face of injured Mst. Hidayat Khatoon, however, so far other applicants are concerned, he has argued that their case is distinguishable from that of co- accused Jan Muhammad. Furthermore, there is delay of about more than 13 days in lodging the F.I.R. All the sections applied are bailable except section 337-A(ii), P.P.C. Which, too, is punishable only to five years and does not fall within the prohibitory clause of section 497(i), Cr.P.C. Learned counsel has further argued that police wants to arrest the applicants for ulterior motive and with mala fide intention and as such, he has prayed for grant of pre-arrest bail to applicants Daud and Murad Ali.

2. ' Mr. Rasheed A. Qureshi who was opposing the grant of pre-arrest bail particularly to accused Jan Muhammad, has stated that the case of the remaining two applicants Daud and Murad Ali appears to be distinguishable whereas, applicant Badal has already been arrested by the police, hence his application has become infructuous.

3. ' Under these circumstances, I feel inclined to grant pre-arrest bail to applicants Daud and Murad Ali if each of them furnishes one solvent surety in the sum of Rs,50,000 (Rupees fifty thousand) and P.R. Bond in the like amount to the satisfaction of the Additional- Registrar of this Court. They shall thereafter appear before the learned trial Court and join the proceedings. Pre-arrest bail application of applicant Jan Muhammad is rejected as not pressed.

4. ' So far application of applicant Badal is concerned, it has become infructuous because he has been arrested by the police as disclosed by. Mr. Abdul Rasool Abbasi.

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