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Criminal Petition No. 62‑K of 1986, decided on 11th August, 1986.
(On appeal from the judgment and order of the High Court of Sind at Karachi, dated 22‑6‑1986 passed in Criminal Bail Application No. 321/765 of 1986)
‑‑‑Art. 185(3)‑‑Criminal Procedure Code (V of 1898), S. 497‑‑Penal Code (XLV of 1860), S. 302‑‑Bail, grant of‑‑Case of further enquiry‑ Deceased killed by fire‑arms‑‑No specific role assigned to petitioners for having caused any Lathi blow‑‑Blunt weapon injury not contributing towards death‑‑One co‑accused not applying for bail and other absconding‑‑Petitioners' case being of further enquiry, petition converted into appeal and allowed.
Nooruddin Sarki, Advocate Supreme Court instructed by Rashid Akhter Qureshi, Advocate‑on‑Record for Petitioners.
A. Sattar Shaikh, Additional Advocate‑General instructed by Abdul Saeed Khan, Advocate‑on‑Record for the State.
Date of hearing: 11th August, 1986.
The case appears to us to be one of further inquiry as the incident took place at the bus stand and no specific role has been assigned to either of the two petitioners for having caused any Lathi blow to deceased Mitho, one of the two deceased who were killed by fire‑arms by Ali Hassan and Isso. The former has not applied for bail and the latter has absconded. The medical evidence shows that this blunt weapon injury has not contributed in any manner towards his death. Accordingly we would convert this petition into appeal and allow it as we consider it a fit case for the grant of bail to the petitioners. Each one of them shall furnish a bail bond in the sum of Rs.20,000 with one surety in the like amount to the satisfaction of the Sessions Judge, Hyderabad.
M. I. Appeal allowed.
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