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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD SADIQ VS Respondent: StateHonorable Justice Muhammad Moosa K. LeghariAbdul Sattar Kazi,Rasheed Ahmed Qureshi
2006 Y L R 3212
2006 Y L R 3212
[Karachi]
Before Muhammad Moosa K. Leghari, J
MUHAMMAD SADIQ and 2 others---Applicants
Versus
THE STATE---Respondent
Criminal Bail Application No.S-237 of 2006, decided on 14th June, 2006.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Bail, grant of---Further inquiry---Sixteen persons had been nominated in the F.I.R. but names of two accused did not appear therein---Said two accused persons had been implicated subsequently on the basis of identification parade which was said to have taken plate after seven days of their arrest---Role assigned to one accused was that of instigation, which was required to be proved through positive evidence at the trial---Other two accused persons were the sons of one accused, but they could not be identified by the complainant---Case of accused persons, in the circumstances called for further inquiry entitling them to concession of bail---Accused were directed to be released on bail, in circumstances.
Abdul Sattar Kazi for Applicants.
Rasheed Ahmed Qureshi, Assistant A.-G. Sindh for the State.
ORDER
MUHAMMAD MOOSA K. LEGHARI, J.---The bail is pressed on the ground that the role assigned to the applicant Muhammad Sadiq is only that of instigation whereas applicants Abdul Khaliq and Abdul. Sattar are not named in the F.I.R. though the F.I.R. contains the names of as many as sixteen accused persons.
Learned A.A.-G. has though opposed the grant of bail but has not been able to controvert the above position.
The contentions raised have been considered and the material placed on the record has been perused.
In the F.I.R. sixteen persons have been nominated but the names of applicants Nos.2 and 3 do not transpire therein. They have been implicated subsequently on the basis of identification parade which is said to have taken place after seven days of their arrest. The role assigned to applicant Muhammad Sadiq is that of instigation, which is required to be proved through positive evidence at the trial. Admittedly the applicants Nos.2 and 3 are the sons of applicant No.1 Muhammad Sadiq yet they could not be identified by the complainant. The case of the applicants in the circumstances calls for further inquiry entitling them to the concession of bail.
Applicants are accordingly directed to be released on bail on furnishing solvent surety in the sum of Rs.1,00,000 (One Lac) each and P.R. bond in the like amount to the satisfaction of the trial Court.
H.B.T./M-129/K Bail granted.