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1983 P Cr. L J 2380

MUHAMMAD HANIF vs THE STATE Respondent

Citation1983 P Cr. L J 2380
CourtSindh High Court
Case No.Criminal Bail Application No. 414 of 1981
Date1981-11-15
Judge(s)Saleem Akhter
ResultBail granted

ORDER

1. This bail application arises out of the following facts :- The complainant Abdul Rasheed and accused Muhammad Haneef are brothers and had disputes about the diversion of the flow of the water. Muhammad Haneef who is the younger brother of the complainant came to house with a lathi in his hand and started abusing him. On being admonished by the complainant he hit him with a lathi blow which missed him but hit his daughter Shehnaz aged about 3 or 4 years. He again gave a blow which did not hit the complainant and hit the said child who consequently died. There is nothing to show that the accused had any intention to kill the child. Almost all the prosecution witnesses have been examined and, therefore, Mr. Sarfraz Ahmed, Asst A.-G. Contends that the grant of this application at this stage will involve assessment of evidence which is likely to prejudice the trial. No doubt for purposes of granting bail the Court has to tentatively assess the evidence on record but such assessment is neither final nor it is done with a view to consider the effect the entire evidence on the result of the case. Without expressing any pinion on the merits of the case, suffice to say that except two witnesses, affect complainant and his wife, other prosecution witnesses have not suppor--ted the prosecution case. In the facts and circumstances I grant bail to the applicant on furnishing a surety of Rs. 25,000 with P. R. Bond in the like amount to the satisfaction of the Additional Registrar of this Court. 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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