Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: MANZOOR ALI alias MUMTAZ VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ghulam Nabi Soomro Title: MANZOOR ALI alias MUMTAZ vs THE STATE Case No.:Criminal Bail Application No,S-488 and Miscellaneous Application No,1071
of 2000 Date of Judgment:2000-11-17 Reported As: 2001 P Cr. L J 344 Result: Bail allowed Judgment ORDER ' The applicant stands challaned for offences under sections 380 and 457, P.P.C. Case is pending trial before the Judicial Magistrate, Dokri. ' Allegation against the applicant is that he and other there co-accused trespassed in the house of complainant on 5-7-2000 at about midnight time and committed theft of a buffalo and a cow which were immediately secured and returned to the complainant. ' It is contended by the appellant's counsel that the identification of the applicant during dark hours of the night is doubtful. The F.I.R. Is delayed by more than 34 hours, while the distance between the place of incident and the police station is less than two kilometres. It was further contended that the offence is not punishable for more than seven years. ' Mr. G.A. Shahani, learned A.A.-G. Appearing for the State has opposed the bail plea of the applicant stating that the applicant has been named in the F.I.R. With specific role assigned to him. Although name of the applicant appears in the F.I.R. But the same was lodged after great delay of more than 34 hours. The F.I.R. Of a criminal case mentioning the name of the accused, if not found to be promptly lodged shall not have much sanctity. The case is pending trial before a Magistrate and in such event the sentence for more than three years cannot be visualized. In view of PLD 1995 SC 34, the applicant is allowed bail subject to his furnishing a solvent surety in the sum of Rs,50,000 (fifty thousand) and P.R. Bond in the like amount to the satisfaction of the trial Court.