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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SHAUKAT ALI alias LALOO VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Muhammad Ashraf Leghari Title: SHAUKAT ALI alias LALOO vs THE STATE Case No.: Criminal Bail Application No,650 of 2003 Date of Judgment:2003-11-19 Reported As: 2009 YLR 184 Result: Bail granted
Judgment ORDER ' MUHAMMAD ASHRAF LEGHARI, J.---The allegations against applicant Shaukat Ali alias Laloo and accused Sabir are identical. It is stated in the F.I.R. That accused Sabir and Shoukat were armed with hatchet and they caused injuries to complainant as well as his father. Accused Sabir has been granted bail by the trial Court on 15-8-2003. Bail of present applicant is sought on the principle of consistency. The bail order dated 12-11-2003 indicates that present applicant Shaukat caused sharp sided hatchet blows to injured Muharram on his head. In fact the observation stated in the bail order is contrary to the facts mentioned in the F.I.R. The allegations against two accused are same. The injuries caused on the person of injured Muharram and Noor Muhammad are falling under sections 337-A(i), 337-A(iii), 337-F(ii),337-(v), which are punishable upto five years only. The case of applicant is not covered by the prohibitory clause contained in section 497(i), Cr.P.C. ' Since accused Sabir is already released on bail, therefore the present applicant is also entitled for bail on the ground of consistency. He was granted interim pre-arrest bail on 25-11-2003 which is confirmed on same terms and conditions.