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2021 SHC 1312

Siraj Ahmed and another vs Azizullah

Citation2021 SHC 1312
CourtSindh High Court
Case No.Cr. Bail Application No.S-661 of 2021
Date2021-12-17
Judge(s)Zulfiqar Ali Sangi
ResultApplication disposed off

ORDER

Zulfiqar Ali Sangi, J: Applicants/accused Siraj Ahmed s/o Abdul Khalique and Wajid Ali s/o Allah Wadhayo both by cast Kaladi, are seeking pre-arrest bail in FIR No.269/2021, registered at Police Station A-Section Ghotki, under sections 337-F(v), 337-A(i) 337-A(iii), 337-F(i), 147, 148 and 149 PPC. Earlier their pre-arrest bail was declined by the learned 1-Additional Sessions Judge (MCTC) Ghotki, vide orders dated 04.10.2021, hence they approached this court for the same relief.

2. Heard learned counsel for the parties and perused the material available on record with their able assistance.

3. Record reflects that the bail application of the applicant was rejected only on the ground that the medical certificate is supporting the injuries and medical certificate shows that fracture is seen at nasal bone and the nature of injury was declared as Shujjah-i-Hashimah, while injury attributed to accused Wajid Ali carries punishment up to five years. Today leaned counsel for the applicants has placed on record letter/of fice order dated 22.11.2021, issued by Special Medical Board wherein it is stated that the medical certificate issued by the SMO/MS Taluka Hospital Kashmore, has been kept in abeyance/ suspended. It is also mentioned in that letter/of fice order that the medical certificate has lost its legal validity .

4. In view of these circumstances, the case of further enquiry is made out. Resul tantly , the interim pre-arrest bail already granted to the applicants / accused by this court vide order dated 11.10.2021, is hereby confirmed on same terms and conditions.

5. Observations made herein above are tentative in nature and will not cause any prejudice to either party at the trial.

6. Instant Criminal Bail Application is disposed of in the above terms.

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