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2004 PCRLJ 1793

JHANDO KHAN vs THE STATE

Petitioner: JHANDO KHAN VS Respondent: THE STATE

Court: Sindh High Court Decision Date: 2004-07-23

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Wahid Bux Brohi Title: JHANDO KHAN vs THE STATE Case No.: Crl. Bail Appin. No,121 of 2004, Date of Judgment:2004-07-23 Reported As: 2004 P C R L J 1793 Result: Bail allowed

Judgment ORDER ' It is alleged that a police encounter took place on 24-11-2002 with 13 culprits and there was heavy exchange of fires. Two persons were apprehended at the spot and Charas weighing 10-00 grams was secured from their possession. According to F.I.R. The applicant was among the remaining culprits. The case was challaned in the Court and the applicant was arrested on 12-5-2003. It is stated at the Bar that no charge has yet been framed. ' I have heard Mr. Khalid Hussain Shahani, learned counsel for applicant and Mr. Mushtaq Ahmed Kourejo, learned State Counsel. ' The bail plea is mainly advanced on the ground of hardship, as the accused has remained in custody for more than one year and 2 months, but up to this time even the charge has not been framed. Besides, this is a case of ineffective firing although the incident occurred during daytime and nobody received any injury from either side. ' Learned State Counsel conceded to grant of bail in view of delay in trial. ' In the above stated circumstances, the contentions raised on behalf of applicant carry much weight. Accordingly, the application is allowed. The applicant be released on furnishing surety in the sum of Rs one hundred thousand and executing P.R. Bond in the like amount, to the satisfaction of trial Court.

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