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2011 P Cr. L J 1548

SIKANDAR vs THE STATE

Citation2011 P Cr. L J 1548
CourtSindh High Court
Case No.Cr. B.A. No. 808 of 2008
Date2009-01-19
Judge(s)Munib Ahmed Khan
ResultOrder accordingly

ORDER

1. MUNIB AHMED KHAN, J.---Learned counsel for the applicant has taken specific ground of enmity in this case between the complainant, police officials as well as accused persons. He has also argued that the case suffers from legal infirmity as A.S.-I. Has conducted the case which is contrary to the law as well as case-law reported as Abdali Shah v. State (PLD 2008 Karachi 57) and Jan Muhammad v. State (2008 YLR 2080). He submits that ground of enmity was mentioned in para 4 of the grounds of bail application but they were not discussed by the learned trial Court nor considered.

2. Learned Assistant Advocate-General submits that in the above circumstances case, may be sent back to the trial court to give its finding within specific time.

3. Keeping in view that the grounds taken are important towards decision of the bail but the learned trial Court has totally ignored above facts and has not discussed either of the ground. In such a situation the order dated 30-10-2008 passed by trial Court is set aside with the direction that it should decide the pending bail application de novo taking into consideration the above grounds as well as authorities. This may be done within two months.

4. Bail application stands disposed of in the above terms.

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