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2010 P Cr. L J 1474

GHULAM ASGHAR and 3 others vs THE STATE

Citation2010 P Cr. L J 1474
CourtSindh High Court
Case No.Criminal Bail Application No,193 and M.As. Nos.547, 548 of 2009
Date2009-04-17
Judge(s)Syed Shafqat Ali Shah Masoomi
ResultBail granted

ORDER

' SYED SHAFQAT ALI SHAH MASOOMI, J.---1. Granted.

2. Granted subject to all just exceptions.

3. By this application applicants Ghulam Asghar, Ghulam Siddique, Gulab and Shamasuddin alias Ghulam Nabi have sought protective pre arrest bail in Crime No,29 of 2008, of Police Station Nasirabad, registered for offense under section 17(3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979, sections 403, 390, P.P.C.

Learned counsel submits that on completion of usual investigation the Investigating Agency has filed charge sheet, showing present applicants as absconding, and now the trial Court has issued NBWs against them and the police is after the applicants to arrest them in above case/crime. He further contended since the applicants are shown absconders in the challan and the trial Court has issued non bailable warrants of arrest against them, therefore, they will be directly remanded to jail if they appear before the learned trial Court without deciding their bail before arrest application on merits. Learned counsel further contended that there is dispute between the parties over landed property and due to such enmity the applicants have been falsely involved in the case. He further contends that the applicants are respectable persons and if they are arrested, naturally they will be humiliated and tortured at the hands of police.

' In view of submissions made by the learned counsel for the applicants and without touching to merits of the case, protective bail is granted to applicants for fourteen days on their furnishing solvent surety in the sum of Rs, 100,000 (One lac) each and P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court. The operation of NBWs issued against the applicants by the trial Court is suspended. This order shall seize to have effect upto 30-4-2009.

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