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Petitioner: MUHAMMAD ATIF and another VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Mrs. Yasmeen Abbasey Title: MUHAMMAD ATIF and another vs THE STATE Case No.: Criminal Appeal No,418, M.A. No,3319 of 2005 and M.A. No,779 of 2006 Date of Judgment:2006-03-13 Reported As: 2008 P Cr. L J 1491 Result: Bail allowed
JUDGMENT
JUDGMENT ' MRS. YASMIN ABBASEY, J.--- By application under disposal appellants have prayed for suspension of impugned judgment till the final decision of this criminal appeal. It is contended by learned counsel for appellant that it is a case of no evidence. The main witness complainant on whose pointation these appellants were arrested had neither been produced in evidence nor memo of arrest and recovery have been brought on record to prove the guilt against these appellants. Mobile phone which is said to have been shown as stolen property, was owned by co-accused Muhammad Toheed. Besides two police officials there is no eye-witness of the incident. ' In view of the fact as placed by learned counsel for the appellants Mr. Sohail Jabbar, State Counsel consented to the grant of application. ' The offence does not fall within prohibitory clause. Hence the appellants are allowed to be released on bail on furnishing surety in the sum of Rs,'100,000 each with P.R. Bonds in the like amount to the satisfaction of the Nazir of this Court. ' Adjourned to 4-4-2006 for further hearing.