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1997 MLD 2648

SULTAN vs THE STATE

Citation1997 MLD 2648
CourtSindh High Court
Case No.Criminal Bail Application No.523 of 1994
Date1994-11-20
Judge(s)Ghulam Haider Lakho
ResultK.

ORDER

1. Contention of learned counsel is that the applicant is in jail since 21-9-1986, and all the co-accused in the case are on bail granted by the Court of learned Additional Sessions Judge Shikarpur. A bail application moved earlier in the trial Court was rejected on 16-7-1991, thereafter, another application was moved in the trial Court after examination of the complainant and P.W. Abdul Ghaffar who is alleged abductee in the case. Both the prosecution witnesses examined by the trial Court have not supported the prosecution case. Learned counsel for the applicant has further contended-that only four cases are pending against the applicant and he has been granted bail by the IIIrd Addl. Sessions Judge, Shikarpur in two cases in Crime No.4 of 1986 of P.S. Golo Daro and Crime No.61 of 1986 of P.S. Garhi Yasin and there is no other material available with the prosecution to be with held bail to the applicant.

2. Mr. Pirzada learned counsel for the State has opposed to the grant of bail on the ground that the applicant is reported to be dangerous, desperate and hardened criminal.

3. As the complainant who is eye-witness and prosecution witness Abdul Ghaffar who is abductee in the case has not supported the prosecution case and the witnesses remained to be examined are only police officials formal and are not eye-witnesses of the incident. Therefore, pursuant to the fact of the case and the evidence recorded in the Trial Court, applicant is allowed bail in the sum of Rs.2,00,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.

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