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2008 YLR 696

MUHAMMAD FAROOQ and others vs THE STATE

Citation2008 YLR 696
CourtSindh High Court
Case No.Criminal Bail Application No,810 of 2007
Date2007-10-20
Judge(s)Zia Pervez
ResultBail granted

' ZIA PERWEZ, J:---Applicants, Muhammad Farooq and Sabir Hussain are facing trial, for an offence under section 379/34, P.P.C. Registered under F.I.R. No,20 of 2007 of P.S. Gadap City, Karachi, seek bail.

2. Brief facts of the prosecution case are that on 21-3-2007 after finishing this job the complainant left for his house and when on the following morning at about 7-00 a.m. He went to his lands for running tube well he noticed that two wires of six poles were cut and matter was reported to police.

3. Heard learned counsel and perused the record. Contention of Mr. Khawaja Muhammad Azeem, learned counsel for the applicants is that the applicants have been falsely implicated. There is no eyewitnesses of the incident and no material is available on record to show the applicant with commission of the alleged offence. The copper wire is common cupidity being credit as scrap as such case of further inquiry and applicants may be admitted to bail.

4. Mr. Muhammad Ayaz, learned State Counsel, has contended that recovery has been effected from the shop of the applicants, however, he could not advance any arguments in reply to the fact that the applicants are dealers of scraped material. The alleged copper wire recovered has neither been measured as to the length nor ends were tallied with to that of snapped.

5. For the foregoing reasons, the bail application is granted. The applicants are admitted to bail subject to furnishing their solvent sureties in the sum of Rs,2,00,000 each and P.R. Bond in the like amount to the satisfaction of learned trial Court.

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