Order Sheet.
HIGH COURT OF SINDH, CIRCUIRT COURT HYDERABAD.
Cr. BAIL A. NO.S-715 OF 2009.
Taunk Ali. . . . .Versus. . . . .The State.
Date Order with signature of Judge
23.11.2009.
Mr. Ameer Ali Mahessar, Advocte for the applicant.
Mr. Shahid Ahmed Shaikh, Assistant Prosecutor General, Sindh.
. . . .
Through this bail application, applicant Taunk Ali seeks post arrest bail in Crime No.190 of 2009 of police station A-Section Shaheed Benazirabad, for offence under sections 324, 337-H(ii), 148, 149 and 504 P.P.C.
It is, inter alia, contended by learned counsel for the applicant that only allegation against the present applicant is of ineffective firing and except the same no overt act is attributed to him. He further contended that all the male members of same family have been dragged in this false case due to old enmity.
Conversely, Mr. Shahid Ahmed Shaikh learned Assistant Prosecutor General, Sindh opposed the bail plea of the applicant on the ground that the applicant has been nominated in the F.I.R. and he has shared the common intention.
From the perusal of record it appears that the only allegation against the present applicant is of ineffective firing and except the same no overt act is attributed to him. No recovery of any incriminating article has been made from the applicant. The P.W. Madad Ali has received the firearm injuries at the hands of co-accused Hassan Jamali. In these circumstances, I am of the considered view that there are no reasonable grounds to believe the applicant guilty of the offence punishable for death, imprisonment for life or 10 years. It is yet to be determined by trial Court whether the present applicant has shared common intention or participated in commission of above offence.
In view of the above, I allow this Bail Application and admit the applicant on bail subject to his furnishing solvent surety in the sum of Rs.50,000/- (Fifty Thousand) with P.R.Bond in the like amount to the satisfaction of the trial Court.
J U D G E
s.