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1989 P Cr. L J 439

NOORDIN vs SAVAN and 2 others

Citation1989 P Cr. L J 439
CourtSindh High Court
Case No.Criminal Miscellaneous Applications Nos.638 (Sukkar)of 1985 and No,32
Date1988-02-07
Judge(s)Saeeduzzaman Siddiqui
ResultPetition refused

ORDER

1. ' This application for cancellation of bail of accused Sanwan son of Bangul and Ellahi Bux son of Bangul is filed by complainant Noordin in a case which is registered against the respondents along with several others under sections 302/148, 149, P.P.C. The grievance of the complainant applicant in this application is that the learned Sessions Judge has enlarged the two respondents on bail by order dated 6-3-1985 and 24-3-1985 respectively on the ground that the ocular evidence in the case is in conflict with the medical evidence. The learned counsel for the State as well as respondents admit that the medical officer, who carried the post-mortem of the dead body of deceased Ayub has not yet been examined in the case. It is also not very clear from the post- mortem report (Photostat copy whereof is available on record) as to what were the number of the injuries suffered by the deceased. In circumstances it will only be appropriate that the present application for cancellation of bail of the two accused is considered by the trial Court after the examination of the medical A officer who carried on the post-mortem of the deceased. I accordingly direct that the evidence of the medical officer in the case may be recorded first before examining other prosecution witnesses and thereafter the cancellation of the bail of the two respondents may be considered by the trial Court in the light of such evidence which may come in the case. It may be mentioned here that police papers were called for in this case but the police papers recoved do not pertain to this case. The application is rejected subject to above observations.

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