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2001 YLR 312

MUMTAZ vs THE STATE

Citation2001 YLR 312
CourtSindh High Court
Case No.Criminal Bail Application No,174 of 2001
Date2001-07-02
Judge(s)Faiz Muhammad Qureshi
ResultOrder accordingly

ORDER

1. ' Present applicant is seeking bail in Crime No,205 of 2000 registered at Police Station Dadu under sections 337-F(vi), 337-L(ii) and 504, P.P.C.

2. ' Learned counsel for the applicant Mr. Abdul Rasool Abbasi submits that the present applicant had surrendered before the Court of Sessions Dadu but without success, hence this bail application. He further contends that the present applicant had also applied for protective bail and the same was granted to him and thereafter he moved before the concerned Court but without success. Learned counsel contends that according to contents of the F.I.R. The enmity is admitted. Injured Abdul Karim has sustained injury on his left arm which is non-vital part of the body. In support of his contention he, has placed reliance on 1994 PCr.LJ 1769. On the other hand Mr. Muhammad Azim Panwhar advocate for the A.A.-G. For the State has recorded his no objection to the grant of pre- arrest bail to the present applicant.

3. ' I have considered the arguments rendered by the learned counsel for the parties and have gone through the material available on record. Admittedly injured Abdul Karim has sustained injury at his left arm which is non-vital part of the body. The offences are not being covered by the provisions of section 497, Cr.P.C. Reference can be made to a case reported in 1993 PCr.LJ 446 wherein this Court has held that the basic principle is bail and not jail and the interim bail has been confirmed by this Court. In the present case the offences are not being covered by the prohibitory clause of section 497, Cr.P.C. And accordingly the earlier interim order, dated 30-4-2001 is confirmed.

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