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Petitioner: MUHBAT alias AZAM VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Nisar Muhammad Shaikh Title: MUHBAT alias AZAM vs THE STATE Case No.:Bail Application No,S-850 and M.A. No,4146 of 2010 and M.As. Nos.195 and 51
of 2011, Date of Judgment:2011-01-14 Reported As: 2012 YLR 133 Result: Bail granted Judgment ORDER ' NISAR MUHAMMAD SHAIKH, J.---Granted. 2. Dismissed having become infructuous. 3. Granted subject to all just exceptions. 4. This bail application has been moved on behalf of the applicant Muhbat alias Azam after his similar application was dismissed by the trial court vide order dated 27-11-2010, passed by the learned IInd Additional Sessions Judge, Shaheed Benazirabad in connection with Crime No,228 of 2010 of the Police Station Sakrand under sections 324/34, P.P.C. ' As per the F.I.R. Lodged on 16-11-2010, by A.S.-I. Abdul Ghafoor, the applicant Muhbat along with his brother Abid had come at Police Statoin Sakrand, where the applicant fired with his pistol at one Lal Khan, who was already confined at Police Station in connection with another Crime No,227 of 2001 under section 377, P.P.C. Of Police Station Sakrand. ' I have heard learned counsel for the applicant, learned A.P.-G. For the State and also perused relevant record. It is pointed out that the co-accused namely Abid who was also nominated together with the 'applicant in the very F.I.R., has been let off by the police during the investigation, therefore, this very fact makes the case of the applicant to be fit one in which further enquiry is needed, especially when this is a case of ineffective firing, as none had sustained any injury on account of alleged firing made by the applicant. ' In the circumstances, the applicant is granted bail on furnishing a solvent surety in the sum of Rs,100,000 (One Lac) and P.R. Bond in the like amount to the satisfaction of the trial Court.