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Petitioner: ASIF VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Azizullah M. Memon Title: ASIF vs THE STATE Case No.: Criminal Bail Application No,S-465 of 2005 Date of Judgment:2005-11-10 Reported As: 2006 MLD 103 Result: Order accordingly
Judgment ORDER ' AZIZULLAH M. MEMON, J.---The bail plea is urged on the grounds that no recovery is alleged against applicant/accused Asif regarding the property, which complainant alleged to have been committed theft of by the applicant/accused with co-accused persons, that one of the co- accused namely Abdul Ghaffar stands admitted to bail by the trial Court for the reason that complainant of the case filed an affidavit before it, stating therein that his name was given due to bona fide mistake of misidentification. Under the circumstances, this application is hereby disposed of with the direction to the trial Court to examine the complainant of the case within sixty days of receipt of this order, whereafter, the applicant shall file fresh bail application before it, which shall be heard and decided on its own merits. ' In case, the complainant is not examined within the above stated period, the applicant shall stand admitted to bail in the sum of Rs,200,000 (Two lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.