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1984 P Cr. L J 3207

HIDAYAT ALI alias DHAROO AND ANOTHER vs THE STATE

Citation1984 P Cr. L J 3207
CourtSindh High Court
Case No.Criminal Bail Application No, 124 of 1982
Date1982-03-27
Judge(s)Ali Nawaz Budhani
ResultBail granted

ORDER

1. ' This is an application for pre-arrest bail. The two applicants were refused bail by the learned Sessions Judge, Khairpur.

2. ' The facts are that on 2nd March, 1982 one Gul Muhammad having loaded fuelwood on his bullock cart was going towards Khairpur town from his village for the disposal of the wood. When he reached near Technical College, he found the two present applicants alongwith one Ajal standing on the road and they attacked him. It is alleged that they had a dispute on land with Gul Muhammad. Ajal was empty-handed while two present applicants were armed with hatchets who delivered some blows to Gut Muhammad. In the meantime prosecution witnesses Ghulam Muhammad and Haji arrived at the scene of offence and at their intercession the two applicants left the vardat and went away.

3. ' Uncle of Gut Muhammad who is a complainant in this case is employed in the Civil Hospital, Khairpur. He, on the very day filed the F.I.R. There were in all three injuries on the person of Gul Muhammad and one on the head was opined to be grievous and caused with hatche.

4. ' It has been argued that the applicants are respectable persons and they are involved due to enmity. The main accused namely, the instigator was granted bail and that the medical certificate describes two of the injuries to be of simple nature. The story related in the F.I.R. Is to the effect that Rahan and Dharoo gave hatchet blows on the head while on the other parts of the body they gave blows with the blunt side of the hatchet. Only three injuries are-noted by the medical officer and on the face of it the description does not agree with the notes of the medical officer. However, this is for the trial Court to assess the matter. In the meantime I would grant bail to the present two applicants. Each to furnish solvent surety in the sum of Rs, 10,000 and P.R. Bond in the like amount to the satisfaction of the Sessions Judge, Khairpur. It is further to be observed that if the trial Court finds that there are strong circumstances made out in the evidence brought on record, the trial Court ma cancel the bail.

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