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Criminal Bail Application No. 681 of 1983, decided on 25th August, 1981.

---S. 497--Penal Code (XLV of 1860), S. 436--Bail--Accused allegedly setting on fire poultry farm of complainant with help of his friends at mid-night--Source of identification of accused not mentioned in First Information Report--Case requiring further inquiry--Bail granted.

Akhlaqtse Ahmed Siddiqui for Applicant.

A.A. Muhammadally Asstt. A.-G. for the State.

Muhammad Nawaz Shah is facing trial under section 436, P.P.C. In a cas3 registered at Police Station New Karachi, vide F.I.R. No. 92 of 1983 on 7-3-1983. His bail plea has been rejected by the Sessions Judge, Karachi by an order dated 7-8-1983.

The brief facts of the case are that, the applicant was employee of the complainant Ghulam Mustafa, on his poultry farm. There was some dispute over payment of his wages. It is alleged that applicant alongwith his friends set the poultry farm of the complainant on fire at 12 30 a.m. at mid-night which sustained loss to the complainant to the tune of Rs.20,000.

Mr. Akhlaque Ahmed Siddiqui, Advocate for the applicant contended that admittedly, there is enmity between the complainant and accused. He further argued that story from very face of which appears to be improbable and identification is also doubtful. Mr. A.A. Muhammadally Assistant Advocate-General appearing for the State has no objection to the grant of bail.

In view of the circumstances and facts that the source of identification has not been mentioned in the F . I . R . , therefore, I feel that this case requires further inquiry.

The accused/applicant is directed to be released on bail on furnishing one surety in the sum of Rs.20,000 and P.R. Bond in the like amount to the satisfaction of the Trial Court.

M. Y. H. Bail granted.

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