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2007 P Cr. L J 917

SIKANDAR and 3 others vs THE STATE

Citation2007 P Cr. L J 917
CourtSindh High Court
Case No.Criminal Bail Application No,563 of 2006
Date2006-11-22
Judge(s)Ali Sain Dino Metlo
ResultBail granted

ORDER

1. ' ALI SAIN DINO METLO, J.--- Heard Messrs Abdul Rasool Abbasi, Advocate for the applicants and Muhammad Ismail Bhutto, State counsel. The latter has no objection to the grant of bail.

2. ' According to the prosecution on 18-5-2006 at about 12-00 noon a fight took place on account of trespass of complainant's father's cattle in sugarcane crop of accused party in which complainant Riaz Ahmed's sister's son Shahban and father's sister's son Muhammad Amin were killed by co- accused Kaman and Niaz by making fires upon them with their guns. The complainant was fired at and injured his shoulder by co-accused Shaman with his rifle. Afterwards the present applicants along with co-accused Shahan, out of whom applicants Sikandar and Asghar were armed with shot guns, applicant Saddar, with hatchet and applicant Inayat and co-accused Shahan, with rifles reached there and the applicants allegedly caused blows with butts and backside of their weapons to complainant Riaz Ahmed, P.Ws. Hajjan and Dost Muhammad. Besides the fire-arm injury on his shoulder attributed to co-accused Shman complainant Riaz Ahmed had two contusions on his forearms both declared as other hurts as deseribed in section 337-L(2), P.P.C.

3. Dost Muhammad had only one fire-arm injury on his right forearm attributed to accused Shahan and Hajjan had six contusions on non-vital parts of the body and he did not appear before the Medical Officer for X-ray etc. So as to give final opinion regarding them. The injuries suffered by complainant Riaz Ahmed and P.W. Hajjan attributed to the present applicants fall under bailable offences and the very fact that they had allegedly used butts and backside of their weapons and had come afterward, requires only further enquiry as to whether they shared common intention with co-accused Kaman, Niaz, Shaman and Shahan in committing murders of Shahban and Muhammad Amin and causing firearm injuries to complainant Riaz Ahmed, and P.W. Dost Muhammad. They are, therefore, entitled to the grant of bail. Accordingly applicants are directed to be released on bail each on furnishing one surety in the sum of Rs,2,00,000 (Rupees two lac) and personal bond in the like amount to the satisfaction of trial Court.

Cited by 1 case

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