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MIR AJAB KHAN versus THE STATE


The complainant, under the Criminal Code of Conduct (CRPC) Section 497 Panel Code (XLV of 1860), allegedly dealing with heroin in Section 307 bail, took the offense under advice, fired two pistol shots at the complainant but he The injured survivor is still under investigation and should be recovered from the condition

1986 P Cr. L J 780

[Karachi]

Before Abdul Hayee Kureshi, C J

Mir AJAB KHAN--Applicant

Versus

THE STATE--Respondent

Criminal Bail Application No. 992 of 1985, decided on 20th August, 1985.

Criminal Procedure Code (V of 1898)----

---S. 497--Penal Code (XLV of 1860), S.307--Bail--Accused allegedly dealing in Heroin objected to by complainant--Accused having taken offence at advice, fired two pistol shots at complainant but he escaped injuries--Investigation still in progress and incriminating recoveries were to be made--Bail refused in circumstances.

Sardar Muhammad Ishaq for Applicant.

Abdul Ghafoor Mangi, Asstt. A.-G. for the State.

ORDER

The pattern of the prosecution case is that the applicant used to deal in sale of Heroin. The applicant was prevented by the complainant Muhammad Jan who is a Nazim-e-Salawat of the locality to desist from this activity which was injurious to the young persons of the locality. It seems the applicant was annoyed with the complainant on account of this piece of advice as that he came to the complainant at 9 o'clock in the night and fired two pistol shots at him. This incident was witnessed by 4 persons of the locality.

No doubt the complainant was not injured but two shots were I fired at him which would constitute an offence under section 307, P.P. C. The motive for the crime was that the complainant had asked the applicant not to indulge in the sale of such a dangerous narcotic and the applicant took offence at that. The investigation is still in progress and incriminating recoveries have to be made.

This application is rejected but it shall be open to the trial Court to consider the question of bail to the applicant after investigation is completed.

S.A. Bail dismissed.

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