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2002 P Cr. L J 220

SABZAL alias SOZOO vs THE STATE

Citation2002 P Cr. L J 220
CourtSindh High Court
Case No.Criminal Bail Application No,S-669 of 2001
Date2001-10-12
Judge(s)Zahid Kurban Alavi
ResultBail granted

ORDER

1. Learned counsel appearing on behalf of the applicant/accused has urged that even though the name of the accused/applicant appears in the F.I.R. The fact remains that six people were involved in the alleged incident which has ultimately resulted in a person being killed. From these six persons who are accused, three each were riding on motorcycle. It would be difficult to appreciate that whilst driving the motorcycle and in a state of motion the accused fired upon the deceased which resulted in his death. According to the learned counsel the names of the present accused has also been kept in column No,II of the challan and they have decided only to proceed against Bakhat Ali, Afzal and Niaz Hussain. Accordingly he has relied upon the case of Akhtar Zaman v. The State 2001 YLR 2076 and Faraz Akram v. The State 1999 SCM R 1360.

2. ' Learned Assistant Advocate-General has drawn my attention to the fact that even if it is established through evidence that one particular person's pistol fired the fatal shot but there would be vicarious liability attached to the other persons who were involved in this incident. He does concede that upon the observation of Honourable Supreme Court, this can only come about after recording of the evidence.

3. ' Accordingly the bail is granted to the accused in the sum of Rs,1,00,000 and P.R. Bond in the like amount to the satisfaction of 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.

Cited by 4 cases

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