ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD

Cr.B.A.No.S-  707 of 2009

DATE                                     ORDER WITH SIGNATURE OF JUDGE

12.11.2010.

M/s Zahoor A. Baloch and Kaneez Fatima Shaikh, Advocate for applicants.

Syed Meeral Shah, D.P.G for the State.

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            By this order I intend to dispose of Criminal Bail Application No.707/2009 by which applicants Achar and Abdul Ghani seek post arrest bail in Crime No.39 of 2008 of Police Station Mirpur Old for offence U/Ss: 302, 34 PPC.

            Per prosecution on 10.8.2008 accused each Achar Shaikh, Ghani Shaikh and Abdul Sattar Shaikh, out of whom accused Achar and Ghani were armed with hatchet while accused Abdul Sattar had pistol, committed the murder of deceased Nawab over the matrimonial dispute. It is alleged that accused Achar and Ghani Shaikh inflicted hatchet injuries to deceased Nawab.

            Learned counsel for the applicants contended that applicants are innocent and have been implicated in this false case; no specific role is attributed to the applicants; medical evidence contradicts the ocular version; FIR has been lodged with delay therefore, false implication of the applicants cannot be ruled out; place of incident is situated infront of the house of co-accused Abdul Sattar. It is lastly contended that applicants have been implicated due to matrimonial affairs.

            Conversely, Syed Meeral Shah, learned D.P.G for the State vehemently opposed the bail plea of the applicants.

            From bare reading of the FIR, it appears that applicants are nominated in FIR with specific roles. They were armed with hatchets and committed the murder of deceased Nawab by causing him hatchet injuries. Medical evidence also corroborates the ocular version. P.Ws have also implicated the applicants in their 161 Cr.P.C statements. Since the prosecution has collected sufficient material against the applicants and prima facie case exists against the applicants, therefore, I am of the considered view that applicants do not deserve the concession of bail.

            For the foregoing reasons, bail application was dismissed by short order dated 12.11.2010.

            Above are the reasons of said short order.      

JUDGE

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