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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: FIDA HUSSAIN and anothers VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Muhammad Moosa K. Laghari Title: FIDA HUSSAIN and anothers vs THE STATE Case No.: Criminal Bail Application No.S-626 of 2006 Date of Judgment:2006-11-27 Reported As: 2007 MLD 200 Result: Bail confirmed
Judgment ORDER ' MUHAMMAD MOSA K. LEGHARI, J.---Bail plea has been pressed on the grounds that the applicants have been falsely implicated in this case, the alleged offence does not fall within the prohibition contained under section 497, Cr.P.C. And that the prosecution has been motivated and acting maliciously. ' Learned State Counsel submits that since the allegations are against co-accused Nazroo, the case of the applicants requires further inquiry as such, he has no objection. ' It appears that neither the applicants were apprehended on the spot, nor the stolen property viz. Livestock were recovered from their possession. Possibility of false implication cannot be straightaway ruled out. The offence alleged does not fall within prohibitory clause as contained under section 497, Cr.P.C., thus the applicants to the concession of bail. ' In view of the above circumstances, interim pre-arrest bail granted to the applicants is confirmed on the same terms and conditions.