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Petitioner: MOATBAR and another VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Mushir Alam, Syed Zawwar Hussain Jaffery Title: MOATBAR and another vs THE STATE Case No.: Criminal Bail Application No.D-333 of 2003 Date of Judgment:2003-09-19 Reported As: 2004 MLD 1992 Result: Bail granted
Judgment ORDER MUSHIR ALAM, J.---Bail was declined by the learned Judge. Anti-Terrorism Court No.III, Sukkur and Larkana Division at Sukkur on the ground, inter alia, that the alleged abductee Karim Bux and Abdul Majeed have implicated the applicants/accused in their 161, Cr.P.C. Statements in Crime No.12 of 2002 for an offence under sections 324,353, 148 and 149, f.P.C. 13 DAO and section 7 of Anti-Terrorism Act of Police Station Sultan Kot. ' It was contended by the learned counsel that in Crime No.12 of 2002 of Police Station Staurt Ganj, District Shikarpur, the learned Judge Anti-Terrorism Court-III, Sukkur recorded the acquittal on the ground that P.Ws. Abdul Karim and Abdul Majeed exonerated the present applicants from the commission of the crime. It was, thereforL1, contended that reliance on such 161, Cr.P.C. Statements in the instant case is uncalled for case of further enquiry is made out. The learned State counsel concedes to such position. ' Under the circumstances, the applicants are admitted to bail however, subject to furnishing solvent surety in the sum of Rs. Two hundred thousand each and P.R. Bond in the like amount, to the satisfaction of the learned trial Court. ' Cr. B.A. No.333 of 2003, stands disposed of.
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