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2008 P Cr. L J 69

IBRAHIM vs THE STATE

Citation2008 P Cr. L J 69
CourtSindh High Court
Case No.Criminal Bail Application No,S-552 of 2006
Date2006-12-04
Judge(s)Anwar Zaheer Jamali
ResultBail granted

ORDER

1. ' ANWAR ZAHEER JAMALI, J.--- Applicant Ibrahim, who is one of the nominated accused in Crime No,5 of 2006, Police Station Bhan, for commission of offence punishable under sections 337-A(i), 337-A(ii), 337-F(i), 337-F(vi), 337-F(v), 403, 147, 148, 149, P.P.C. Has moved this bail application under section 497, Cr.P.C. For grant of bail in the crime.

2. Heard the learned counsel and perused the case record which shows that out of six nominated accused in the crime three accused Gulab, Ali Nawaz and Mumtaz have been admitted to bail by this Court vide order, dated 14-4-2006 while two other accused have been admitted to bail by the trial Court of learned Sessions Judge Jamshoro at Kotri vide order, dated 4-8-2006.

3. ' As per allegations contained in the F.I.R. The role of all the six accused in the commission of crime is more or less same, except that one injury, which has been caused to the father of the complainant with iron rod, has been specifically attributed to the present applicant. Besides, the applicant, who was arrested on 19-1-2006 is in custody since then, while the injury attributed to him as per medical report, also does not fall within the prohibitory clause of section 497(1), Cr.P.C.

4. ' This being the position, taking into consideration the nature of allegations against the applicant and other accused, who have already been admitted to bail, and the fact that he has remained in custody for over 10 months, this bail application is allowed. The, applicant is, therefore, ordered to be released on bail on his furnishing surety in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.

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