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AZIZ KASHIGAR versus STATE


Criminal Code of Conduct (CRPC) Section 498 Criminal Procedure (XLV of 1860), Sections 307, 332, 395, 436, 147, 148 and 149 pre-arrest bail, in addition to the grant of the accused, open jailbreaking prisoners Was set on fire by government forces released from jail, torched government buildings and vehicles and resorted to firing on the police party. No one has been named as a joke in the FIR, no specific role of the accused in the FIR.

1987 P Cr. L J 882(2)

[ Karachi]

Before Abdul Qadeer Chaudhry, J

AZIZ KASHIGAR‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Bail Application No. 1572 of 1986, decided on 9th February 1987.

Criminal Procedure Code (V of 1898)‑‑

‑‑‑S. 498‑‑Penal Code (XLV of 1860), Ss. 307, 332, 395, 436, 147, 148 & 149‑‑Pre‑arrest bail, grant of‑‑Accused alongwith others released by breaking open jail‑‑Prisoners released from Jail taking up Government Arms, set on fire Government building and vehicles and resorting to firing at police party‑‑No overt act making him vicariously liable attributed to accused in F.I.R.‑‑Vague allegations made in F.I.R.‑‑No specific role attributed to accused‑‑Investigation already complete‑ Interim bail granted to accused was confirmed in circumstances.

Sardar Muhammad Ishaq, Advocate for Applicant.

A A. Mohammadally, A.A.‑G. for the State.

ORDER

According to the first information report the present applicant was in Thatta jail on the day of incident when an unlawful assembly broke open the jail and the applicant alongwith others were released and thereafter they had taken Government arms and ammunitions and also set fire to Government building and vehicles and they also fired at the police party. It has not been stated in the first information report that the present applicant after he was released from the prison had committed any overt act so that he may be vicariously liable alongwith the mob. Only vague allegations have been mentioned in the first information report. No specific part has been attributed to the applicant. He was admitted to interim bail. His bail is confirmed.

Learned A.A.‑G. states that the investigation is complete. The applicant would appear before the Investigating Officer for the purpose of investigation.

S.A. /A‑8/K Bail confirmed.

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