ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

                                   Cr. Bail Application No.S-711 of 2009                        

DATE         ORDER WITH SIGNATURE OF JUDGE

                        FOR HEARING.                    

26.11.2009.

Mr. Ghulam Farooque Abbasi, advocate for applicant.

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

                                                                        =                     

Ahmed Ali Shaikh J.             Applicant Pervaiz Khan seeks post arrest bail in crime No.102 of 2009 of PS GOR, Hyderabad for the offence under section 324, 114 & 34 PPC.

2.                     The bail plea of the applicant has been turned down by the trial Court vide order dated 11-09-2009.

3.                     It is inter alia contended by the learned counsel for the applicant that no overt act is attributed to the present applicant and per prosecution, he was merely present at the time of occurrence duly armed with dagger. It is further contended that co-accused Shah Nawaz, Mir Baz alias Bajo, Mehboob Sangi and Allah Dino who caused injuries to the injured Imam Ali Shah have been admitted on pre-arrest bail which was subsequently confirmed by learned IVth Additional Sessions Judge, Hyderabad vide order dated 1510-2009 and the case of present applicant is on better footings. Learned counsel has placed the final medical certificate in respect of injuries of Imam Ali Shah, which reveals that the injuries have been declared as “Shajjah-e-Khafifah S.337-A(i), which is bail able.

4.                     Learned State counsel very frankly conceded the bail plea of the applicant.

5.                     Heard learned counsel for the applicant and for the State. Perused the record.

6.                     Admittedly no overt act is attributed to the present applicant and the injured Imam Ali Shah had received injuries at the hands of co-accused, who have been granted pre-arrest bail by the trial Court. The case of the present applicant is on the better footings than the case of co-accused. Under these circumstances I allow this application and admit the applicant on bail subject to furnishing his solvent surety in the sum of Rs.50,000/- (Rupees fifty thousands only) and PR Bond in the like amount, to the satisfaction of Additional Registrar of this Court.

7.                     Application stands disposed of.

                                                                                                            JUDGE.

A.C