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K.L.R. 1995 Criminal Cases 260

KHUDOO Alias KHUDA BUX vs THE STATE

CitationK.L.R. 1995 Criminal Cases 260
CourtSindh High Court
Case No.Crl. Bail Application No. 88 of 1993
Date1993-02-18
Judge(s)Salahuddin Mirza
ResultN/A

ORDER 1. Offence Objection is over ruled.

2. Exemption is granted with all just exceptions.

3. The applicant is facing trial in Crime No. 73/92 of Police Station Khanpur District Shikarpur, which was recorded on 28.8.1992 at the instance of complainant Dad Mohammad. According to him for persons tried to steel the buffaloes from his compound and he identified two of them, namely, Bahawal and Khuda Bux the latter being the applicant in the present bail application. It is alleged that when complainant and his brother who challenged the culprits, Bahawal fired and hit complainant's brother in the region of the chest. All the culprits are stated to have made their escape good. The applicant surrendered in court on 19.10.1992 whereas co-accused Bahawal was an led on 13.9.1992. The bail application was dismissed by the learned Civil Jude, md F.C.M Khanpur on 26.10.1992.

4. After hearing learned counsel of the applicant and learned AAG. I am of the view that whereas the applicant cannot escape his vicarious liability U/S34 PPC for the firing by which brother of complainant was injured still a case of the applicant can be distinguished from the case of co- accused. Bahawal and I would grant him bail in the sum of Rs:50,000/- and PR. Bond in the like amount to the satisfaction of Sessions Judge, Shikarpur. 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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