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1995 P Cr. L J 1316

ALI NAWAZ vs THE STATE

Citation1995 P Cr. L J 1316
CourtSindh High Court
Case No.Criminal Bail Application No,598 of 1994
Date1994-10-12
Judge(s)Mamoon Kazi, Majida Razvi
ResultBail allowed

ORDER

1. ' MAMOON KAZI, J.--- It has, inter alia, been contended that bail has been granted either by the High Court or by the learned trial Court to the other co-accused in the case and their case is not distinguishable from that of the present accused.

2. The only ground urged against grant of this bail application on behalf of the State by Mr. Abdul Ghafoor Mangi, learned AA.-G., is that the applicant was an absconder and proceedings under section 87/88, Cr.P.C. Had also been ordered to be taken against him. However, in this regard Mr. Fareed Ahmed Dayo has placed reliance upon State v. Malik Mukhtar Ahmed Awan 1991 SCM R 322, wherein it was observed that the rule laid by the Supreme Court regarding refusal of bail to an absconder is not an absolute rule and exceptions can always be made, depending upon the circumstances of the case.

3. ' In the present case since bail has already been granted to the co- accused in this case, in our view, it is sufficient ground for making exception in the present case.

4. ' Bail is, therefore, granted to the applicant in the sum of Rs, one lac with one surety for the like amount to the satisfaction of the Nazir of this Court.

Cited by 11 cases

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