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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: ZULFIQAR ALI VS Respondent: THE STATEHonorable Justice Wahid Bux BrohiNisar Ahmed Abro,Ali Azher Tunio
2003 Y L R 2699
2003 Y L R 2699
[Karachi]
Before Wahid Bux Brohi, J
ZULFIQAR ALI and another---Applicants
Versus
THE STATE---Respondent
Criminal Bail Application No. 143 of 2003, decided on 5th May, 2003.
Criminal Procedure Code (V of 1898)---
----S.497(2)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(3)---Bail, grant of---Further inquiry---Accused had contended that no Mashirnama of place from where buffaloes were allegedly secured, was prepared by police, but only house of the complainant was inspected where buffaloes were standing and that no weapon had been recovered from accused and no overt act had been ascribed to him---State had conceded to grant of bail---Guilt of accused, in circumstances called for further inquiry---Bail was granted to accused, in circumstances.
Nisar Ahmed Abro for Applicants.
Ali Azher Tunio, Asstt. A.-G. for the State.
Date of hearing: 5th May, 2003.
ORDER
It is alleged in the F.I.R. that six persons including the applicants, armed with deadly weapons entered the house of the complainant by causing aperture in the wall of the house and on the point of fire-arms untied two of the buffaloes from the cattle pen and took away the same. The complainant and other inmates of the house woke-up but they were threatened at the point of fire-arms to keep quiet. It is stated in the F.I.R. that after departure of the accused the complainant party chased them and in village Mehrabpur, they found the buffaloes in the house of Irshad Ali. The accused person ran away whereupon they brought the buffaloes to their house and then complainant Ghulam Hyder lodged F.I.R. at Police Station Rasheed Wagan describing the names of assailants. According to him the culprits were identified in the light of electric bulb. The applicants were arrested on 20-2-2003.
I have heard Mr. Nisar Ahmed Abro learned counsel for applicant and Mr. Ali Azher Tunio learned Assistant A.-G. for State.
Learned counsel for applicant contended that no Mashirnama of the place from where the buffaloes were allegedly secured was prepared by police but only the house of complainant, was inspected where the buffaloes were standing. He contended that no weapon has, been secured from the applicant and no overt act has been ascribed to him. Mr. Ali Azher Tunio learned Assistant A.G. conceded to grant of bail in the circumstances of the case.
In view of the facts and circumstances discussed above, the guilt of applicants calls for further enquiry. The bail plea is accepted and the application is allowed. The applicant be released on furnishing surety in the sum of Rs.50,000 with one surety each and P.R. bond in the like amount to the satisfaction of Deputy Registrar of this Court.
H.B.T./Z-46/K Bail granted.