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2008 P Cr. L J 1577

SHAFI MUHAMMAD vs THE STATE

Citation2008 P Cr. L J 1577
CourtSindh High Court
Case No.Criminal Bail Application No,S-653 of 2006
Date2006-10-30
Judge(s)Muhammad Moosa K. Laghari
ResultPre-arrest bail granted

ORDER

1. MUHAMMAD MOOSA K. LEGHARI, J.--- The applicant is accused of causing hatchet blows to the complainant as alleged in the I F.I.R., Crime No,86 of 2006, Police Station Tando Ghulam Ali.

2. ' The applicant by appearance is infirm and ailing person of advanced age. He is unable to move without help.

3. ' Learned State Counsel has outrightly stated no objection to confirmation of interim pre-arrest bail.

4. The interim pre-arrest to the applicant is accordingly, confirmed on the same terms and conditions.

5. ' It has been observed that the offence with which the applicant stands charged does not carry the sentence beyond three years and the case is being tried by Judicial Magistrate, yet the learned Sessions Judge declined bail to this 70 years old incapacitated person while the some concession was extended to co-accused. Seemingly the discretion was not exercised justly and fairly. Care should be taken in future.

6. ' For what has been observed above, the personal attendance of the applicant before the trial Court shall be dispensed with and he shall be entitled to be represented by the Advocate during trial. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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