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2004 YLR 870

GHULAM ALI MALGHANI vs THE STATE

Citation2004 YLR 870
CourtSindh High Court
Case No.Bail Application No, 480 of 2003
Date2003-11-24
Judge(s)Ghulam Nabi Soomro
ResultBail allowed

ORDER

1. ' The applicant with his three co-accused is facing trial for murder of Allahando, before the Court of 1st Additional Sessions Judge, Jacobabad.

2. ' The learned counsel for the applicant submits that the applicant is in continuous custody since last two years, four months and 20 days, during which period only the doctor and a formal witness corpse bearer have been examined. The learned counsel has taken me through the case diaries, which show that the charge in the case was framed on 20-9-2002 whereafter process of B.Ws. Was continuously ordered against the P.Ws. Till date with no response from the P.Ws. The counsel urges that the purpose in that is obvious and that is to cause confinement of the applicant in jail for as much time as possible. Reliance has been placed upon 2003 YLR 2029.

3. ' Mr. Muhammad Ismail Bhutto, learned counsel appearing for the State, while conceding to prayer, has further stated that all the private witnesses have failed to respond to the Court process.

4. ' The case diaries show that the coercive process of B.Ws. Was issued against the P.Ws. For more than a year. This conduct of the P.Ws. Is indicative of their ulterior motive, to- see the applicant/accused behind the bars. The reported decision supports the applicant's case.

5. 'In view of the above circumstances and no objection from the State Counsel, the applicant is granted bail subject to furnishing solvent surety in the sum of Rs,two hundred thousand and P.R.

6. Bond in the like amount, to the satisfaction of Additional Registrar of this Court.

7. ' Criminal Bail Application No,480 of 2003 stands disposed of.

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