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1989 PCRLJ 2458

GUL RAHEEM and anothers vs THE STATE

Petitioner: GUL RAHEEM and anothers VS Respondent: THE STATE

Court: Sindh High Court Decision Date: 1987-11-08

Full Judgment Text & Judicial Ruling

Court Name: Sindh High Court Judge(s): Allah Dino G. Memon Title: GUL RAHEEM and anothers vs THE STATE Case No.: Criminal Bail Application No, 1178 of 1987 Date of Judgment:1987-11-08 Reported As: 1989 P Cr. L J 2458 Result: Bail granted

Judgment ORDER ' The applicants are facing trial under section 302/34, P.P.C. Before the learned 1st Additional Sessions Judge, Karachi (West). ' It has been contended by Mrs Salima Nasiruddin that there is no allegation against the applicants that they caused any injury to deceased Jehanzeb, but the only allegation against them is that they caused simple injuries to complainant Gul Muhammad and P.W. Muhammad Yousuf. The F.I.R. Does not show that there was any previous between the parties, or there was any motive on the part of the accused to kill deceased Jehanzeb. Mr. Abdul Ghafoor Mangi, learned AA.-G. Appearing for the State has conceded to the grant of bail in view of the above circumstances. I have considered the contentions of the learned counsel and have gone through the F.I.R. And the order rejecting bail application. The F.I.R. Clearly shows that the applicant Gul Raheem was armed with Danda and had caused injuries to Muhammad Yousuf, while applicant No,2 Bakhat Karim had given Chhuri blow to complainant, and the injuries on the person of both the injured are simple in nature. There is no allegation that any of the applicants had caused any injuries to the deceased. No motive is alleged in the F.I.R. In view of these circumstances it is yet to be seen whether the applicants had a common intention to commit murder of deceased Jehanzeb. I, therefore, direct that the applicants shall be released on bail on furnishing surety in the sum of Rs,50,000 each and P.R. Bond in the like amount to the satisfaction of the trial Court.

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