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2005 MLD 266

ABDUL KARIM and another vs THE STATE

Petitioner: ABDUL KARIM and another VS Respondent: THE STATE

Court: Sindh High Court Decision Date: 2004-08-31

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Sarmad Jalal Osmany Title: ABDUL KARIM and another vs THE STATE Case No.: Cr: Bail Appin. No.S-600 of 2004, Date of Judgment:2004-08-31 Reported As: 2005 MLD 266 Result: Bail granted

Judgment ORDER 1. Allowed. 2. Allowed subject to all just exceptions. 3. Learned counsel says that previously this Court had refused bail before arrest to the applicants in Criminal Bail Application No.323 of 2004 vide order dated 14-5-2004. He further submits that since then the accused have patched up the matter with the complainant party and co-accused viz., Ayoob and Nooral have already filed an application under A section 345(2), Cr.P.C. Before the learned trial Court. However, since NBWs have been issued against the present applicants, they could not move the necessary application. Learned counsel also submits that according to the challan filed by the prosecution before the learned Sessions Judge, the applicants have been released under section 497, Cr.P.C. And placed in Column No.2 thereof. However, the learned trial Court did not agree with the investigation conducted by the police authorities and has now issued NBWs for the arrest of the applicants. Learned counsel, therefore, prays that interim pre-arrest bail be granted to the applicants, so that they can appear before the Additional Sessions Judge, Dadu, where the case is pending, and file the compromise. ' I have heard the learned counsel and perused the case file. Interim pre-arrest bail is granted to the applicants provided they submit surety in the sum of Rs.100,000 (rupees one lac) each along with P.R. Bond in the like amount to the satisfaction of Additional Registrar of this Court. Notice to Addl. A.-G. To come up for confirmation or otherwise on 7-9-2004.

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