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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NOOR MUHAMMAD VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1693
[Karachi]
Before Abdul Rahim Kazi, J
NOOR MUHAMMAD ---Applicant
Versus
THE STATE---Respondent
Criminal Bail Application No.1131 of 1993, decided on 2nd January, 1994.
Criminal Procedure Code (V of 1898)---
----S. 497---Penal Code (XLV of 1860), S.307/504/34---Bail, grant of---No overt act had been assigned to accused in the F.I.R.---Accused was arrested after about one month of the incident and a country-made pistol was recovered from the grass at his instance which had not yet been sent to Ballistic Expert for his opinion---Accused had not been directly linked with the causing of the injury---Accused was admitted to bail in circumstances.
Lakhano K. Behrani for Applicant.
Fareed Ahmed Dayo for A.-G. for the State.
ORDER
Granted.
2. This bail application has been moved on behalf of applicant Noor Muhammad, who is involved in a case registered with Jharak Police Station as Crime No.34/93 under section 307/504/34, P.P.C. The allegation against the accused in the case is that the applicant and co-accused Ghulam Haider who are on inimical terms with the complainant party over matrimonial affairs on the date of incident challenged the complainant while he was going to his lands and co-accused Ghulam Haider fired at the complainant hitting on back side of the right shoulder. It is also alleged that after arrest a country-made pistol was recovered at the pointation of the present applicant. The police after usual investigation arrested and challaned the accused. Bail application was moved before the trial Court, which was rejected. Hence this bail application.
I have heard Mr. Lakhano K. Behrani, the learned counsel for the applicant and Mr. Fareed Ahmed Dayo, Advocate for A: G. for State. The F.I.R. shows that no overt act has been assigned to the present applicant. It is also admitted that the present applicant was arrested after about one month of the incident and the country-made pistol was recovered from grass. The pistol had not yet been sent to Ballistic Expert for his opinion. The present applicant has not been directly linked with the causing of the injury. In these circumstances I admit the applicant to bail. He shall be released on furnishing bail in the sum of Rs.50,000 (Rupees fifty thousand) with one surety and P.R. bond in the like amount to the satisfaction of the trial Court.
N.H.Q./N-528/K Bail allowed.