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Petitioner: NAWAB ALI alias NAWAB- VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ghulam Nabi Soomro, Muhammad Afzal Soomro Title: NAWAB ALI alias NAWAB- vs THE STATE Case No.: Criminal Bail Application No,122 of 2002 Date of Judgment:2002-10-08 Reported As: 2003 YLR 1133 Result: Bail granted
Judgment ORDER Applicant seeks bail in a case of attempt to murder (F.I.R. No,27 of 1999 Police Station, Bagarji), pending trial before the Court of Special Judge (STA), Sukkur. The contentions are that there are counter cases between the parties and the accused in both' the cases have been acquitted. As far as the present applicant it is contended that he is in jail custody since last 13 months and his case is identical to those nine accused persons who have been acquitted. The only adverse factor is his absconsion for two years which in view of the judgment of acquittal passed on 17-7-2002 by the trial Court of learned IIIrd Additional Sessions Judge Sukkur would not stand in his way as far as the applicant's release on bail is concerned. Learned A.A.-G. opposed the plea of bail on the ground, that the accused was fugitive from law for two years. Upon perusal of the relevant record including the judgment of acquittal we, find that the case of the applicant is identical to case of accused who have been acquitted on similar charge. Applicant's absconsion only, in the given circumstances of the case would not be treated as a bar to his release on bail. The applicant is therefore, granted bail subject to his furnishing a solvent surety in the sum of Rs,2,00,000 & PR bond in the like amount to the satisfaction of trial Court.