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1978 P Cr. L J 724

MUHAMMAD ISMAIL vs HIDAYATULLAH AND 2 OTHERS

Citation1978 P Cr. L J 724
CourtSindh High Court
Case No.Criminal Miscellaneous Application No, 938 of 1977
Date1978-03-31
Judge(s)Jamaluddin H. Ahmad
ResultPetition allowed

ORDER

1. ' The application for bail was made on behalf of respondents No, 1 and 2 and earlier rejected by the Court below thereafter the matter had come before this Court and on 29-4-1977, by an order I had rejected the bail application on the ground wherein it was stated that there was no justification for granting the application as both the parties had used fire-arms which was on account of a long standing enmity between them. The injured Muhammad Ismail had received as many as eight injuries which were considered to be dangerous to life. It appears that after this order one of the prosecution witness Muhammad Ishaq by name was examined on 23-8-1977. In spite of the fact that the bail application of the two respondents had been considered and rejected more or less on the merits which the Additional Sessions Judge who himself had at one stage rejected the bail application, had considered formed a different view of the matter and granted bail to the two respondents. The order shows that the, grant of bail is based mostly on the point of delay. The learned Assistant Advocate-General has pointed out that the delay by that time was only of about 9 months. It may be pointed out that the prosecution witness examined was not the injured. The injured according to the learned counsel for applicant is reported to be still under medical treatment. It was proper in this case that the learned Additional Sessions Judge should have examined the injured as well as the Medical Officer before considering the question of the grant of bail in the matter. Delay alone and that too of only 9 months was not a proper consideration for granting bail in such a case where long standing enmity existed between the parties and the injuries were admittedly most dangerous to life. This application is, therefore, allowed and the bail granted to the two respondent by the VIII Additional Sessions ,fudge by his order dated 12-9-1977 is cancelled.

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