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SHERAL versus STATE


Section 497 (2) of the Criminal Code (CRPC) read with the Property (Enforcement Hood) Ordinance (VI 1979), Section 9 bail, the grant of the guarantee emphasized on the basis of (i) its There is no evidence available. The issue of limitations, (ii) the actual removal of the bulls by no one to bring the matter within the Herz circle; (iii) the counter-case arising from the same incident filed by the applicants, and (iv) the applicant's behalf. The number of injuries received during the incident is higher and more than gravity, compared with the injuries suffered by the complaining party, which makes the facts of the case a matter of further investigation. Under the circumstances, in custody, the correct applicants allowed bail

1984 P Cr. L J 3053

[Karachi]

Before Sajjad Ali Shah, J

SHERAL AND 2 OTHERS-Applicants

Versus

THE STATE-Respondent

Criminal Bail Application No. 149 of 1981, decided on 12th May, 1981.

Criminal Procedure Code (V of 1898)-

-- S. 497(2) read with Offences of Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S. 9-Bail, grant of-Bail urged on grounds that (i) no proof available to make it a case of Hadd, (ii) actual removal of bullocks not witnessed by anyone to bring case within purview of "Hirz"; (iii) Counter-case emanating from same incident filed by petitioners, and (iv) injuries sustained by petitioners during incident more in number and heavier in gravity as compared to injuries suffered by complainant party ----Contention that facts of case making out a case of further inquiry in circumstances, held, correct-Petitioners allowed bail.

P L D 1981 F S C 108 ; 1980 P Cr. L J 1044 ; 1972 S C M R 628 and 1977 P Cr. L J 530 ref.

Gul Muhammad Soomro for Appellants.

Sarfraz Ahmad, A. A.-G. for the State.

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