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2008 P Cr. L J 673

GHAZI SARFRAZ vs THE STATE

Citation2008 P Cr. L J 673
CourtSindh High Court
Case No.Criminal Bail Application No,57 of 2008
Date2008-02-13
Judge(s)Ali Sain Dino Metlo
ResultBail granted

ORDER

1. ' ALI SAIN DINO METLO, J.--- Heard learned counsel for the applicant and the learned State counsel.

2. The latter has opposed bail.

3. ' According to the prosecution on 15-9-2007 at 0315 hours, four robbers, not previously known to complainant Mubin-ur-Rehman, trespassed into his House bearing No,300, Sector S/B, Surjani Town, Karachi and committed robbery of gold ornaments, cash and prize bonds of Rs,25,000 and five mobile-phone sets. On offering resistance, they injured complainant Mubin-ur-Rehman in his both hands and head with an iron rod and tied his son Junaid Ali.

4. ' The Investigating Officer arrested the applicant on 4-10-2007 and took him to the house of the complainant where the latter identified him to be one of the robbers. Nothing from the robbed property is shown to have been recovered from him.

5. The conduct of .The Investigating Officer in getting the applicant identified by the complainant at his house instead of arranging the test identification parade in presence of a Magistrate is highly objectionable and militates against fairness of the investigation and reasonableness of the ground put forward for believing the applicant guilty of the offence.

6. ' In view of the above overall facts and circumstances of the case the applicant is entitled to bail and he is directed to be released on bail on giving one surety in the sum of Rs,50,000 and personal bond in the like amount to the trial Court.

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