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2001 MLD 582

JALAL Alias MUHAMMAD NAWAZ And Another vs THE STATE

Citation2001 MLD 582
CourtSindh High Court
Case No.Criminal Bail Application No.638 and Miscellaneous Application No. 1781 of
Date2000-11-23
Judge(s)Muhammad Mujeebullah Siddiqui
ResultBail allowed

ORDER

1. Heard Mr. Khadim Hussain Solangi learned counsel for applicants/accused Jalal alias Muhammad Nawaz son of A.I Sher and Manzoor son of Sultan and Mr. Muhammad Azeem Panwhar learned A.A.- G. For the State. The learned -Additional Sessions Judge, Sehwan has rejected the bail application for the reason that there is allegation of commission of sodomy by the applicants with victim Muhammad Moosa. The learned counsel for the applicants has taken me through the contents of F.I.R. That there was no allegation of commission of sodomy in the F.I.R. And the sole evidence is of the medical certificate. Mr. Muhammad Azeem Panwhar has stated that there was no allegation of commission of sodomy by the applicants in the F.I.R. And in 161, Cr.P.C. Statements of the witnesses including the victim. I am of the opinion that mere opinion of the medical officer that act of sodomy was committed on the victim Muhammad Moosa is not sufficient to implicate the applicants in the commission of offence because the victim and complainant have not implicated the accused persons for the said offence. In these circumstances it is a fit case for bail and consequently both the applicants are granted bail in the sum of Rs.50,000 each on furnishing solvent surety by each applicant and execution P.R. Bond the like amount, to the satisfaction of the Trial Court. 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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