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Petitioner: MUHAMMAD ISSA VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Farrukh Zia G. Shaikh Title: MUHAMMAD ISSA vs THE STATE Case No.: Criminal Bail Application No,611 and M.A. No, 2541 of 2008 Date of Judgment:2008-10-20 Reported As: 2009 MLD 21 Result: Bail granted
Judgment ORDER ' FARRUKH ZIA G. SHAIKH, J.---On perusal of F.I.R. Crime No,96 of 2008 it is apparent that accused Muhammad Essa at the first instance gave hatchet blow form the right side to the head of the complainant with intention to kill him. This point is admitted by the learned counsel for the accused. The medical certificate, dated 3-8-2008 shows that injury No,1 should be treated as Shujjah-i-Madihah. Section 337-A(ii) states that Shajjah-i-Madihah carries an imprisonment for five years. The specific role assigned to the accused in the F.I.R does not fall within the prohibitory clause of section 497, Cr.P.C. Learned counsel for the applicant has relied on PLD 1995 SC 34, 1996 PCr.LJ 1612 and 2002 PCr.LJ 582. ' Under the circumstances bail is granted to the applicant in the sum of Rs,2,00,000 to the satisfaction of the Additional Registrar of this Court.