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2008 SCMR 884

RIAZ ALI vs THE STATE

Citation2008 SCMR 884
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,7-K of 2008
Date2008-02-29
Judge(s)Abdul Hameed Dogar, Muhammad Moosa K. Laghari
ResultLeave refused

' MUHAMMAD MOOSA K. LEGHARI, J.--- This petition, for leave to appeal, is directed against the order, dated 18-1-2008 passed by the High Court of Sindh, Circuit Bench, Hyderabad in Criminal Bail Application No,S-543 of 2007 whereby petitioner's application for pre-arrest bail was dismissed.

The petitioner is involved in a case Crime No,61 of 2007 Police Station, Sehwan registered on 5-9- 2007 under section 302, P.P.C. On the complaint of Khamiso Khan thereby accusing the petitioner of causing murder of his daughter Bakhtawar aged about 14/15 years.

2. Learned counsel for the petitioner contended that the petitioner has been falsely implicated in the case on account of enmity as apparent from the affidavits of the prosecution witnesses and the people of the locality whereby the petitioner has been exonerated.

3. On considering the arguments addressed by learned counsel for the petitioner, we find that the same are without force. Admittedly, the affidavits placed on record were neither filed before the Court of Sessions nor High Court and were not considered by the Courts below. Such affidavits have been filed in the first instance before this Court, hence for this very reason those could not be taken into consideration at this stage. So far as merits are concerned, the name of the petitioner transpires in the promptly lodged F.I.R. With a specific role. He has been implicated by P.W. Ashraf Khatoon mother of deceased. It may further be observed that considerations for grant of pre- arrest bail are quite different from those of bail after arrest. For above reasons the petitioner has not been able to make out a case for pre-arrest bail. In the circumstances the petition is dismissed and .

Cited by 3 cases

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