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2006 PCRLJ 18

ABDUL SUBHAN and anothers vs THE STATE

Petitioner: ABDUL SUBHAN and anothers VS Respondent: THE STATE

Court: Sindh High Court Decision Date: 2005-02-28

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Muhammad Mujeebullah Siddiqui Title: ABDUL SUBHAN and anothers vs THE STATE Case No.: Criminal Bail Application No,1102 of 2004 Date of Judgment:2005-02-28 Reported As: 2006 P Cr. L J 18 Result: Bail confirmed

Judgment ORDER ' MUHAMMAD MUJEEBULLAH SIDDIQUI, J.-In this case recorded at Police Station Deeplo, District Mithi, the applicants have been involved for committing theft of four goats. ' Applicant Abdul Subhan, states that he is Principal of Hilal. Public School and applicant Abdul Karim, is a student of first year. ' The learned counsel for the applicant has submitted that the applicants being respectable persons have been falsely implicated in the case on account of election rivalry. During the by- election, Mr. Shoukat Aziz, was the candidate of ruling party and the applicants were workers of the M.M.A. Candidate Dr. Mumtaz Memon. ' Learned State Counsel, have opposed the bail application for the reason that specific role of firing has been attributed to the applicants. However, they have conceded that the alleged firing was ineffective and nobody sustained injury. ' On the face of it, it appears to be a mala fide act on the part of prosecution just to please the ruling party by implicating the applicants belonging to the opposition, in this case for the theft of goats. Consequently, interim bail before arrest granted to both the applicants vide order, dated 23- 11-2004 is hereby confirmed.

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