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2006 P Cr. L J 2000

SHAHNAWAZ and 2 otherss vs THE STATE

Citation2006 P Cr. L J 2000
CourtSindh High Court
Case No.Criminal Bail Application No,S-460 of 2006
Date2006-09-11
Judge(s)Qaiser Iqbal
ResultN/A

ORDER

1. ' MRS. QAISER IQBAL, J.--- Mr. Ishrat has contended that there exists contradiction between the ocular account and medical evidence to the extent that applicants were armed with Sotis/Lathis and had given blows to the victim Ali Muhammad and Muhammad Ramzan. According to final medico-legal report injury No,1 is Shuja-e-Hashma caused by a sharp cutting weapon, injury No,2 Shuja-e-Khafifa caused by sharp and pointed weapon failed under section 337-A(I), P.P.C.

2. Whereas injuries Nos.3 and 4 alleged to have been caused from sharp pointed and hard weapon, whereas victim Muhammad Ramzan had also sustained one injury caused by sharp cutting 'weapon and two injuries by hard blunt substance. It is further contended that parties inter se are close relatives and the incident had taken place at the spur of the moment without premeditation on a matrimonial affair, which annoyed both the parties resulted in scuffle.

3. ' The above contention is supported by learned counsel appearing for State, he had not supported the order - passed by Courts below rejecting the post-arrest bail application filed by the applicants.

4. ' I have considered the arguments advanced, averments of F.I.R. Are in conflict with medical version. The tentative assessm ent of the evidence collected by Investigating Agency has been completed by holding that the applicants Were armed with Sotis/Lathis and had caused such blows to P. Ws. Ali Muhammad and Muhammad Ramzan at the spur of moment regarding pre- meditation therefore, case of the applicants require farther inquiry as the allegations against the applicants are generai in nature.

5. ' For the above discussion, applicants are admitted to bail subject to furnishing surety in, the sum of Rs,1,00,000 (Rupees one hundred thousands) each and P.R. Bonds in the like amount to the

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