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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NABI BUX and anothers VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Anwar Zaheer Jamali Title: NABI BUX and anothers vs THE STATE Case No.: Criminal Bail Applications Nos.351 and 357 of 2004 Date of Judgment:2004-05-25 Reported As: 2004 YLR 3254 Result: Bail granted
Judgment ORDER ' By this order 1 propose to dispose of both the above numbered bail applications as they arise out of same crime number 9 of 2004, Police Station Rukkan. Learned counsel for the applicants submit that Ali Akbar son of Muhammad Ibrahim, another accused of the same crime has already been admitted to bail by this Court vide order dated 24-5- 2004, passed in Criminal Bail Application No.332 of 2004. They submit that the case of present applicants is identical to the case of applicant Ali Akbar as they are also not nominated accused in the F.I.R., no recovery has been effected from them, applicant Nabi Bux was arrested on 4-3-2004 while applicant Muhammad Khan was arrested on 8-3-2004 and after submission of challan they are no more required in the crime for investigation. They further submit that applicants have been implicated in the crime only on the basis of statement of co-accused before police which is inadmissible in evidence, therefore, case. Of applicants need further inquiry which entitle them for grant of bail. ' Mr. Anwar H. Ansari, learned State Counsel frankly conceded that the case of present applicants is identical to that of applicant Ali Akbar, therefore, they are entitled for grant of bail on the rule of consistency. ' In view of the above and by consent these two bail applications are allowed. The applicants are admitted to bail on their furnishing surety in the sum of Rs.2,00,000 (Two Lacs) each and P.R. Bond in the like amount to the satisfaction of the trial Court.