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2003 P Cr. L J 391

ABBAS and anothers vs THE STATE

Citation2003 P Cr. L J 391
CourtSindh High Court
Case No.Criminal Bail Application No,517 of 2002
Date2002-10-04
Judge(s)Zahid Kurban Alavi
ResultBail application dismissed

ORDER

1. ' This application has been moved for bail in connection with Crime No,28 of 2002 registered at Police Station Khairpur Nathan Shah under sections 324 and 34, P.P.C. It is claimed by the applicant that the incident seems to have occurred on 28th February, 2002 and the time of reporting is 2/3- 3-2002. It seems that Abbas and Soomar and a third person supposed to be son of Qurban Mehrani came on the motorcycle and took out pistols and within our sight all three accused gave Hakal to Asif, the complainant's nephew and shot at him and then ran away. Challan had been submitted. A bail application was filed before the Sessions Judge, Dadu in respect of all the three accused. The bail of Abbas and Soomar was not granted whereas the bail of Atta Muhammad was granted. The reason for granting the bail to Atta Muhammad was, his name was not mentioned in the F.I.R.

2. ' Whilst the counsel for State has opposed the grant of bail, the counsel for the applicant has urged that bail should be available to the two applicants as there was the delay of three days in the registration of F.I.R. It was an incident that took place in the heart of the town and yet nobody was confronted as an independent witness. The other grounds taken are general.

3. ' I do not feel that the applicant has made out a case for the grant of bail as the F.I.R. Clearly shows that the two men got down and fired straight at Asif. Perhaps they might have come with the intention to kill but the said Asif merely receives injuries fortunately. Application stands dismissed.##TE

Cited by 2 cases

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