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1986 MLD 1797

ALI NAWAZ vs THE STATE

Citation1986 MLD 1797
CourtSindh High Court
Case No.Criminal Bail Application No.600 of 1986
Date1986-05-28
Judge(s)Abdul Qadeer Chaudhry
ResultBail granted

ORDER

1. Co-accused A.S.I. "Muhammad Rafique has been admitted to bail by this Court, The fscts'of the case are that initially A.S.I. Muhammad Rafique lodged first information report wherein he has stated that he alongwith police party left for Nakabandi and during Nakabandi they saw two persons with one cow. They threw gobatas on A.S.I. Muhammad Rafique and constable All Nawaz and other person who was just behind. The first person , fired at police. In defence police also fired on thee One person fell on the ground and was identified to be' Shahid _Hussain Shah. That man died and other person was arrested. The second investigation was conducted Eby -Crimes Branch Hyderabad and according to that investigation the police party had fired in self-defence. The S.D.M. Had conducted the enquiry in which it has been observed that A .S .1. Muhammad Rafique and the present applicants are responsible for the, murder of deceased Shahid Hussain and also fc,r suppression of facts. Hoviever, during investigation statement of Hussain was recorded and he ha s admitted his guilt. Ayoob one of the prosecution witnesses has been examined under section 164 and he has also stated that his cow has been stolen. Subsequently they resiled from their statements. Th.e co-accused has been admitted to hail. It is yet to be seen at the trial as to who is the aggressor. Challan has been submitted but no witness has yet been examined. In, the circumstances the applicants are admitted to bail in the sum of 1 its.25,000 (Rupees twenty-five thousand only) each and P.R. Bond in the like amount to the satisfaction of the trial Court. .

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