AYUB JAMES AND 2 Others vs STATE — 1971 PCRLJ 106

Citation: 1971 PCRLJ 106

Court: Sindh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: AYUB JAMES AND 2 Others vs STATE

Headnotes

Case cited as 1971 PCRLJ 106

Judgment Text

Court Name: Sindh High Court Judge(s): Mir Khuda Bakhsh Marri Title: AYUB JAMES AND 2 Others vs STATE Case No.: Criminal Bail Application No. 54 of 1972 Date of Judgment:- Reported As: 1972 P Cr. L J 759 Result: Order accordingly JUDGMENT JUDGMENT This bail application is moved on behalf of three brothers, Ayub James, Peter and Paul sons of one Malik Mannasi, who have been charged under section 302/34, P. P. C. for causing the death of one Sarder Masih with knife blows on 8-12-1970, who remained in hospital for treatment but ultimately died on 25-12-1970. The deceased according to doctor suffered two injuries, one incised wound and the other a stab wound. 2. The second bail application of the applicant was dismissed by II Additional Sessions Judge, Karachi, by his following order dated 6-1-1972: "Heard D. C. and A. P. P. The bail is prayed on various grounds. Previous bail application was dismissed on 26/10 and since then case could not proceed further. I, therefore, do not think it fit case for bail and reject the application." 3. I have heard Mr. Nasiruddin counsel for the applicants and Mr. Jamaluddin H. Ahmad, Additional Advocate-General for the State. Counsel for the applicants submitted that the prosecution story is that Ayub and Peter only gave kicks and fists to the deceased therefore, their acts do not fall under section 302, P. P. C. or section 34, P. P. C. with regard to common intention or prearranged plan. The quarrel was sudden and unpremeditated and Paul…

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